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When the Lawyer Isn’t on Your Side: Spotting Red Flags In Personal Injury Attorneys Before It’s Too Late

Posted on Oct 9, 2025 by The Advocates

When you’re asking for help after an accident, you’re in one of the most vulnerable moments, maybe ever.

And while many attorneys are committed to fighting for your recovery, there are others who may (and will) take advantage of your situation. They make promises they can’t keep, rush you into signing contracts, or hide fees that only come to light once it’s too late.

Here, we’ll break down the warning signs you can look for from the start so you can avoid working with an accident attorney who doesn’t have your best interests at heart:

1. The “Ambulance Chaser” Approach

Picture this: you’re in the hospital, still lying on the gurney, waiting to be rushed into trauma care. A stranger walks up with a business card and starts giving you advice about your case—some of it probably good. But how did they find you before your own friends did?
In many places, this kind of in-person solicitation is illegal.

Washington: RPC 7.3 bans lawyers from soliciting anyone who’s physically or mentally vulnerable, including hospital patients after a crash.

Oregon: ORS 9.510 makes it unlawful for attorneys, or their “runners”, to solicit clients in hospitals or other sensitive locations.

2. Inflating Your Case Value to Hook You

Your lawyer seems almost too excited about your case. They keep repeating lines like, “We’ll clean them out!” or “This is going to be millions!”, even though your accident was relatively minor. The only “big” detail? The other vehicle belongs to a well-known company like Amazon or USPS. That kind of single-minded focus on a massive payout can be a red flag.

Why? Because some attorneys promise unrealistic settlements to lock you in as a client: a classic bait-and-switch. Later, they quietly settle for far less, blaming “new information” or “jury unpredictability.”

Legal note: If an attorney knowingly inflates case value to mislead a client or insurers, it can violate professional conduct rules and, in extreme cases, lead to fraud charges. You as the victim are generally not liable for their misrepresentations…and you are the one left with a disappointing payout and damaged trust.

But if you go along with faking injuries, hiding pre-existing conditions, or staging videos, you could be committing fraud yourself. That’s a criminal matter, and you’re the one on camera.

Example: In 2025, Uber won a federal lawsuit accusing certain California personal injury attorneys and medical providers of conspiring to inflate claims by providing unnecessary treatments and padding bills to increase settlements.

3. Hidden, Overblown, or Unfair Fees

The ad says “No Win, No Fee,” and it sounds reassuring, because you won’t owe a cent unless they win your case. But then, buried in the fine print, you find charges for “case costs,” expert witnesses, or filing fees… even if you lose. In other cases, the attorney takes a far higher percentage than the standard 33–40% contingency, without clearly stating it in writing. Some even slip in vague “administrative” or “processing” costs that quietly eat into your final settlement.

Legal note: In both Washington and Oregon, lawyers must clearly explain their fees in a written agreement before taking your case.

  • Washington: RPC 1.5 prohibits “unreasonable fees” and requires full disclosure of the basis for any fee arrangement.
  • Oregon: ORS 20.340 regulates contingency fees and mandates transparency in the agreement.

4. Settling Too Fast for a Quick Paycheck

It might sound counterintuitive, because most legal cases drag on, and you’d think speed is a blessing. But what if your lawyer is moving too fast? Imagine you’re still in physical therapy, and your attorney urges you to take the first settlement offer that lands on the table. No more medical evaluations, no second opinions: just “sign here” and the case is done. The quicker they close it, the quicker they get paid… even if you walk away with far less than you could have.

Legal note: Both Washington and Oregon law require lawyers to communicate all settlement offers and act in the client’s best interest, not their own timeline.

5. Upfront Payments, “Million-Dollar” Calculators, and Signup Traps

If a law firm’s website asks you to “subscribe,” fill out endless forms, or worse, pay upfront before they’ve even reviewed your case, that’s a red flag. Some even dangle flashy online “settlement calculators” promising millions in compensation, nudging you to choose them before you’ve spoken to a real attorney. These tools aren’t magic: they’re marketing. Skip the hype, skip the hidden paywalls, and have an actual conversation with a lawyer you trust.

Legal note: In Washington and Oregon, contingency-fee personal injury cases generally require no upfront payment for attorney services. Any required costs should be disclosed in writing.

6. Referral Kickbacks

You notice your lawyer keeps steering you toward the same doctor, repair shop, or physical therapist: almost like it’s part of the script. What they don’t mention? Sometimes, these referrals aren’t about your recovery; they’re about a quiet fee exchanged behind the scenes. In many jurisdictions, this kind of “you scratch my back, I’ll scratch yours” deal is illegal because it creates a conflict of interest. You deserve referrals based on what’s best for your health and case.
Legal note:

  • Washington: RCW 19.68.010 prohibits fee-splitting and kickbacks between lawyers and non-lawyers for referrals.
  • Oregon: Oregon RPC 7.2(b) forbids paying for referrals except for reasonable advertising costs.

Cases Won vs. Awards: What Really Matters

When choosing a personal injury attorney, it is easy to be distracted by flashy awards or titles displayed on a website. Some of these “honors” are nothing more than marketing badges that anyone can buy with a credit card. They are not regulated by any state bar, and they do not reflect an attorney’s real courtroom performance.

What actually makes a difference in your case is the attorney’s trial record. Insurance companies pay close attention to which lawyers consistently win cases in court. Those attorneys are taken seriously because insurers know they will fight all the way to a verdict if necessary. As a result, cases often settle faster—and for higher amounts—when handled by lawyers with proven trial success.

Final Words

The lawyers you can trust aren’t the ones shouting about million-dollar verdicts or rushing you to sign papers. They’re the ones who return your calls, explain things without jargon, and don’t make you feel silly for asking “one more question.” They’re upfront about costs before you even ask, and they don’t push you toward quick deals just to clear their desk. (Hey, that’s pretty much an Advocate!) 

Look for the small signs of integrity, and you’ll spot the difference between someone chasing a paycheck and someone fighting for you.