There are so many attorneys who are afraid to make a guarantee.

They are afraid to say something that is not permitted.

They are afraid to go out on a limb and promise something.

That's understandable, especially since an attorney can NEVER guarantee a particular result or outcome.

But, there are MANY guarantees an attorney can make that will help set them apart from all of their colleagues and competitors.

Want to know what I'm talking about?

I'm talking about guarantees from a customer service standpoint.

For example, imagine if an attorney here in New York were to make these types of you think it would help you make a decision about whether this lawyer was right for you? Let's take a look...


  • That when you call, my receptionist will be smiling inside and outside.
  • That when you call, you'll actually speak to a receptionist and NOT an answering machine or an automated phone tree.
  • That when you call, you'll speak to a real attorney and NOT a paralegal or an intake person.
  • That you will NOT be put on hold by my receptionist.
  • That if you set up an appointment to meet our attorney, you'll get lots of great reading material between the time you make your appointment and the time you actually meet with our attorney.

Here are some humourous guarantees I'd love to see an attorney make in his marketing messages but for many reasons, will likely never see...


  • To give you PERSONAL attention!
  • You'll get our answering machine when you call.
  • Not to call you back immediately and only when it's convenient for us.
  • That our receptionist will sound like a robot.
  • When you call, you'll be immediately placed on hold, before you even utter your name.
  • That our receptionist will sound totally bored as if she's filing her nails.
  • That when you call, we'll connect you with our intake person who does most of the work here.
  • That when you come in to talk to our lawyer, he will always be busy, and instead, you'll have to settle for speaking with our paralegal.
  • That just because you call our office doesn't mean you have a valid case.

Here's a guarantee I'd really love to see an attorney make in his marketing videos:


  • The attorney you meet with will have graduated law school!
  • The attorney you meet with will be licensed to practice law here in New York!

Do I think any attorney in NY would ever make these guarantees (at least the comical and humorous ones)? Highly unlikely.

In fact, the only time I see attorneys making any type of guarantee is with regard to their fees.

Surely you've heard the phrase "No recovery, no fee."

Every personal injury attorney and every medical malpractice attorney in New York works on the concept that they only get paid if they get you a result. That's known as a a contingency fee. Imagine that!

Do you know of any other professional or service provider who only gets paid if they get you a result?

Imagine a cardiac surgeon who only got paid if your heart transplant worked and you lived five more years.

Imagine if a plumber only got paid if your sink never leaked again.

Imagine if you told your hairdresser she only gets paid if your hair stays that way for the next two weeks.

Imagine if you went to buy groceries and you told the checkout person that you only want to pay if the food is not spoiled.

There are no other service providers or professionals around who agree to get paid years later, after investing heavily in your case, and then, only if they get you money.

If you're not successful, the attorney loses his investment and gets nothing.

That's the only type of guarantee I see attorneys making.

But here's the problem...

If every accident attorney and medical malpractice attorney makes that same guarantee about their fee, how does that help you, an injured consumer, decide which attorney is right for you?

The problem is that it doesn't.

It simply means that ALL the attorneys offer the same type of fee guarantee.

As you are searching for the right attorney to solve your legal problem, try and look for an attorney who makes guarantees.

Guarantees having NOTHING whatsoever to do with the outcome or the fee arrangement.

Then ask yourself whether those guarantees will motivate you to want to speak to that attorney (not the paralegal and not the intake person).

Want to see more guarantees an attorney can make and some they don't want to make? 

I invite you to watch the video below and see for yourself...

Gerry Oginski
Connect with me
NY Medical Malpractice & Personal Injury Trial Lawyer