A then-pregnant Hamilton was scheduled for a routine prenatal examination, ultrasound and consultation regarding a viral infection at the Isbell Medical Group in Fort Payne in 2005. Hamilton, a resident of Dekalb County, was told that an ultrasound technician was not available to perform the procedure and that she would be scheduled for one on her subsequent visit. Before her rescheduled ultrasound, Hamilton returned to the office with complaints of feeling ill. It was discovered her fetus had expired, and she later delivered a stillborn infant.
Hamilton chose to press charges against the doctors and medical staff at Isbell Medical Group for the wrongful death of her son. Wrongful death occurs when a person’s life is taken due to the willful or negligent actions of another individual. At issue here is whether Hamilton’s fetus met the criteria for fetal viability as outlined in Roe v. Wade. Defendants Dr. Scott et. al. argued that Hamilton’s fetus would not have been able to survive outside of her womb at the time of its expiration, a requirement for “fetal viability.”

However, Alabama justices rejected this definition and declared that unborn children are equally protected under Alabama’s wrongful death statutes. In the ruling, authored by Justice Parker, the court asserts that the fetal viability standard stipulated in Roe v. Wade is not convincing and should no longer be enforced. The court based its decision based on a previous decision in Mack v. Carmack (2011), which mandated that a wrongful death lawsuit could be pursued in the instance of an accidental death of a pre-viable fetus.

The decision in Hamilton v. Scott has significant implications for future wrongful death actions taken in circumstances where the fetus is nonviable. Further, it is likely that the issue of fetal viability in determining eligibility for wrongful death lawsuits will find its way to the Federal Supreme Court.

1. Ask People You Know for Recommendations

A personal recommendation is always the best place to start. It doesn’t mean you should automatically go with the first name you hear, but you can build a good short list for further investigation. You can always ask friends and family. If the matter is business related, you might also want to ask some trusted professional colleagues.

If the attorney is busy, and the best ones always are, having a personal connection can also make it easier to get an appointment.

2. Online Searches

There are a number of sites online that have sophisticated search engines to help you find a suitable attorney. On most of these sites, you can search by legal topic or geographic area.

If you have some names on your short list already, this sites can often give you basic information on their practice so you can decide if they’re worth keeping on your short list.

3. Establish Their Area of Expertise

The law is a vast and complex field. A lawyer who’s successful in one area of law isn’t necessarily the best option for another area. As you whittle down your short list, make sure everyone on it has experience in the specific type of case or legal need you have. This is even more precise than just the field of law. For example, if you have to defend or want to file a personal injury claim, look for an attorney with experience in your specific type of personal injury.

4. Verify Their Credentials

You can verify an attorney is licensed in good standing by contacting the Alabama State Bar (www.alabar.org). You can also find out if the attorney has ever been disciplined by the bar.

In addition to this formal information, you can also do an internet search on the names on your short list. Many experienced attorneys have at least a few articles written about them and their work, so you can read about their expertise and get a sense of their reputation from other sources.

5. Feel Comfortable with the Attorney

You should have an initial consultation with each name on your short list. During this meeting, gauge your comfort and communication level with each attorney. You want to feel like you’ll have a good working relationship with your ultimate choice.

After successfully completing your undergraduate degree, preferably from a four year university and attending law school, you must gain admission to the Alabama State Bar before being able to practice law in the state. First you have to send in an application that must be approved before you can take the written part of the exam. Applicants must also be considered in good fitness and of high moral character in order to apply to the Alabama State Bar as well. The written portion of the exam is administered twice a year in February and July and is taken over two and a half day time period. The first day focuses on essay questions that apply state law to a series of complex fact patterns. The second day consists of essay questions that pertain to laws applicable in all states and the third day is a multiple choice test that focuses on law ethics issues.

When you have passed the Alabama State Bar exam and can practice law in the state, there are many areas of law you can work in. Many lawyers choose to set up their own individual law office while others choose to work in large firms that can employ 100 lawyers or more. Private practice attorneys are often expected to be knowledgeable in all areas of legal issues while those who work for a firm can focus on a certain niche like corporate law, tax law, estates, trusts, contracts, wills, and preparing other legal documents. There is also the option of working as a trial lawyer. Alabama is known as one of the poorest states in the nation and there is a need for lawyers to represent the disadvantaged who do not have adequate resources to prepare for the legal system.

Being an attorney in Alabama can be a profitable and rewarding career path. It is important to have a clear understanding of the educational requirements needed to pursue practicing law in the state. Once you are able to begin your career in Alabama, there are many exciting legal avenues to pursue.