How to Hire an Aviation Attorney (Airplane, Helicopter, and Aviation Matters)
1. Verify true aviation specialization and mode‑specific experience
Ask whether aviation is a primary practice area and get specifics: do they handle commercial air carriers, Part 135 charter operators, Part 91 private operations, rotorcraft (helicopter) accidents, or light‑general‑aviation matters? Request examples of recent, similar files (complaints, settlement summaries, NTSB/CAA engagement letters) and ask which regulators they regularly interact with (FAA, NTSB, EASA or local civil aviation authority for overseas matters). Confirm they’ve worked with the exact operational context of your case, scheduled airlines, cargo operators, corporate flight departments, air tour operators, medevac services, flight schools, maintenance repair organizations (MROs), or aircraft manufacturers, because liability, standards of care, and defenses differ (pilot training and dispatch protocols, maintenance cycles, maintenance documentation systems, and OEM service bulletins differ by operation). Make sure they understand applicable regulatory frameworks (FAA regs and advisory circulars, Part 135 vs. Part 91 standards, AD compliance, certification issues, and NTSB investigative privilege rules) and how those rules affect evidence preservation, admissibility, and preemption issues in litigation.
2. Confirm immediate preservation plan and an on‑call technical expert network
Aviation cases require rapid steps to secure perishable evidence. Get a detailed first‑48‑hour plan: who will notify/coordinate with investigating authorities, how they will seek preservation of the flight data recorder/CVR and maintenance records, and what steps they’ll take to secure witness statements, CCTV, ATC recordings, dispatch logs, and fuel/sample tests. Confirm they have relationships with aviation specialists, aircraft and engine forensic engineers, flight data/voice recorder analysts, human factors experts, avionics specialists, maintenance auditors, and qualified testifying pilots, and examples where those experts changed outcomes. Ask how they handle chain‑of‑custody and spoliation risks (emergency preservation letters, ex parte applications, and coordination with NTSB or local investigators), and whether they can rapidly subpoena or obtain operator/maintenance records and manufacturer service bulletins before they’re altered or lost.
3. Require a clear litigation/enforcement plan, insurer coordination, and transparent fee structure tied to phases
Obtain a written engagement that lays out phases (immediate preservation/investigation, expert work and damages assessment, discovery and motions, hearing/trial, and enforcement/appeal) with staffing levels and likely timelines for each. Clarify fee arrangements, common options include contingency for injury/death claims or phased hourly/flat fees for regulatory defense and technical investigations, with explicit treatment of large third‑party costs (expert deposits, travel to accident sites, lab analyses, and FDR/CVR work). Confirm how they will coordinate with insurers, NTSB/FAA counsel, and manufacturers (OEMs), and whether they have experience negotiating releases with insurers and obtaining letters of undertaking or urging prompt production of critical records. Finally, discuss forum strategy and enforceability (choice of venue, federal vs. state claims, forum non conveniens risks, and steps to collect judgments against out‑of‑state or foreign carriers), and insist on regular budget forecasts with client pre‑approval for significant expense items so investigations and expert work proceed without surprise cost escalation.
