1. I will return your calls if at all possible, by the end of each business day and never more than 24 hours after your call.
2. I will not "pass you off" to a paralegal or junior associate. While I may have other legal professionals and attorneys assist me on a case, I am your lawyer for all phases of the litigation.
3. You will not be pressured into a settlement you do not want. I will fully advise you of all consequences of an offer of settlement, but you decide if we go to trial.
Seven Costly Mistakes You Can Make When Hiring a Trial Lawyer.
1. Do you really need to file a lawsuit? As odd as that sounds, it should always be your first consideration. Many people are quick to file a lawsuit when there are many other ways to settle disputes. Everyone knows that lawsuits take lots of time and money. You often end up settling the case for what it could have been settled for at the very beginning. Here are some things to think about before you file a lawsuit or even look for an attorney:
Look into a variety of alternative dispute resolution (ADR) options. These include mediation, arbitration or even face to face discussion with your opponent. I have often seen people who have been in court for months or even years, sit down and talk, without lawyers, and find a way to settle their differences. Try writing a letter, making a phone call, meeting over a cup of coffee. You might be surprised with the result.
There are several situations where you most always need a lawyer, these include:
Going up against any trained professional, such as insurance adjuster.
When the other side has “lawyered up”. Litigation is complex and rule intensive. . You don't get any breaks from the other side or a judge no matter how many times you say "...but I am not a lawyer". Regardless, you are held to the same standards and knowledge as any lawyer.
2. “I need an aggressive, fighting attorney to stand up for my rights!” Over the years I can’t tell you how many times I have heard “I want a lawyer who is mean as junk yard dog” or something similar. You should have a lawyer who will represent you to the fullest under the law. But beware of the lawyer who promises a “scorched earth” policy. Some lawyers and their tactics result in years of delay and ultimately more cost to you. Even when fighting such a lawyer, your lawyer should not fight fire with fire. Your best interests are served with professionalism and courtesy. Courts and other lawyers know who the “trouble makers” are. You should look for alawyer who is well respected by the courts and other lawyers as a professional.
3. “I can settle my injury claim on my own and save fees.” Insurance companies actually discourage you from hiring a lawyer if you have been hurt in an accident or are making some type of injury claim. Don’t be fooled. Why are they trying to talk you out of seeking legal representation? These folks are trained professionals. Their companies count on keeping as much money as possible, not giving it away. A lawyer knows how to ultimately get your claim to a jury. A jury sets the market price for your claim! An insurance adjuster wants to keep you away from that market. A lawyer most always enhances the value of your claim.
4. “I will try and settle my claim first and if I don’t get enough money I will hire a lawyer.” See number 3 above!! Insurance companies are experts at negotiation. You may work yourself into a tough position that even a good attorney can’t get you out of. The minute you start talking to an insurance company, without a lawyer, you start losing money.
5. “Lawyers don’t negotiate fees”. Never assume that all lawyers charge the same or won’t work with you on your fee. While most lawyers have specific fee schedules, ask about alternative arrangements that may save you money in the long run. For years I have charged a “flat fee” for certain trial work. You aren’t worried about running up too many “billable hours” and I have an incentive to work quickly and efficiently. Other fee arrangements can include:
Reduced contingency fees. When liability is clear or accepted by the other party, I charge 15-20% on most injury cases.
Blended fees. A client may benefit from a combination of a contingency fee and a reduced hourly fee. This can be very effective in business and other disputes. The lawyer charges a significantly lower hourly fee, often half of the going rate. The lawyer and client then agree on a reduced contingency rate, again, often half of a standard 33-40% fee.
6. Understand how a lawyer charges for “costs”. In almost any case, a law office will bill you for costs of your lawsuit. Costs can include filing fees, court reporter’s fees, expert witness fees and travel expenses. Some lawyers charge so much for each copy, long distance phone charges, faxes, and courier services. If you know exactly what your lawyer charges for you can often help minimize many of these charges. If you know that your lawyer charges for faxes, think of writing an email or a letter. Make it clear what you want to be copied on. At 10 cents a page, copies can quickly ad up if you get copies of everything generated in the lawsuit. Make sure the costs are clearly explained and don’t be afraid to discuss alternate arrangements with you attorney. I often charge a flat fee at the end of the case for such costs as faxes, copies, long distance phone charges.
7. Don’t mistake ads for experience. I have tried cases in every county court house and Federal District Court in Arizona--over 100 trials in 27 years of legal experiance. A lawyer who advertises may not necessarily have the right experience in the court room. Make sure you ask about a lawyer’s experience in court and in front of juries. Other lawyers and insurance companies know who takes cases to court and who doesn’t. That impacts the value of your case. Remember Misconception #3? The best value of your case is based ultimately on what a jury will award you. Make sure you have a lawyer who has a proven record in the court room. If you have a lawyer who rarely tries cases or refers out cases that need to be tried, you will incur more costs and possibly more fees.
Trials and Lawsuits
