Having an attorney represent you in your case is not a fool-proof method to avoiding mistakes. There are always things you can do to make sure your case is well-prepared so that, on the date of trial or any other hearing, you can present your best case to a judge.
The following mistakes are common with parties who are represented by an attorney. Except for mistake #1, the others are in no particular order because they are all important as well:
1. Being less than truthful–which is lawyer-speak for “lying”- to your lawyer.
2. Not following the advice of your lawyer, and especially as to what you need to do to comply with orders of the court.
3. In court hearings or at trial, answering your lawyer’s questions appropriately, then becoming evasive or argumentative with the questions from your spouse’s lawyer. Listen to your lawyer’s instructions, including those about answering questions, and follow them.
4. Not providing your lawyer with all the documentation you have as soon as possible after he or she requests it from you. This includes providing incomplete documents.
5. Not being informed about the process of divorce in case you and your lawyer part ways for any reason.
6. Not being prepared or organized during the case, for meetings with your lawyer, and not showing up timely for meetings with your lawyer without first re-scheduling.
7. Not asking questions of your lawyer about anything on which you feel you need more information.
I don’t include above the mistake of not paying your lawyer his or her fees if you still want representation because I think it’s obvious. But you should keep in mind that most lawyers will quickly withdraw from a case for non-payment of fees, even in the middle of the case, leaving you to get another lawyer or doing it yourself–which is why mistake #5 is a great mistake.
For more information on divorce court, get this Divorce Court Report
(c) 2008 Vivian Rodriguez
By: Vivian Rodriguez
When it comes to selecting a personal injury attorney, this is what every victim needs to know.
First, it is vitally important that you speak to a personal injury attorney before you speak with an insurance adjuster. But, you also need to know where to find a good personal injury lawyer (and where you should avoid). Lastly, once you have selected your personal injury lawyer, you need to be prepared to discuss payment for the lawyer’s services.
Read this article to learn how to retain a personal injury lawyer before you have to speak to an insurance adjuster. You might just save yourself a lot of money.
Be Careful Of Unscrupulous Insurance Adjusters
Expect an insurance adjuster to contact you very soon after you are involved in an accident.
He will likely appear to be very friendly and state that he merely “wants to get some information” or wants to “take care of you.” In reality, you need to be aware that the adjuster is working for the insurance company and his sole responsibility is to see that the company settles all personal injury claims for the least possible amount.
So, if you attempt to settle your claim with the insurance adjuster on your own, you can expect some common insurance tactics including:
1. You will be required to submit to multiple examinations by the insurance company’s choice of doctors
2. You will be required to run around and get multiple estimates for damages
3. You will be asked to give a written or recorded statement.
All of these tactics are designed to wear you down and get you to settle the claim and go away. Worse, all insurance adjusters know that many personal injuries do not manifest until months after the accident. If you give a statement early on, you may omit certain injuries.
As a result, the insurance company has you “locked in.”
How To Select An Accident Attorney
The first, and most important piece of advice is to avoid personal injury attorneys that advertise heavily on television. This is especially true where you have a loved one that is killed in an accident and you are looking for a wrongful death attorney.
These attorneys work on volume and, as such, will want to settle your case quickly and move on. Worse, many of these attorneys have no intention of representing you at all. Instead, they intend to refer you to another attorney and collect a referral fee for their efforts. A better way to select a personal injury attorney is to get a referral from a friend or relative. If you have a family attorney, make a point to speak to him or her before selecting a personal injury attorney.
But, it does not stop there.
Once you have selected an accident attorney, it is important to figure out how you are going to pay for his services.
Attorney’s Fees In A Personal Injury Lawsuit
One of the most common questions asked by victims is how they will pay the attorney for services rendered.
In the United States, most personal injury attorneys work on a contingency fee basis. This means that the attorney invests his time and the costs of litigation in exchange for a percentage of the recovery if the case is settled or won at trial. This arrangement allows every American to have access to the best legal talent available.
However, the attorney will only offer to take the case on a contingency fee if he or she believes that the case has a good potential for economic recovery. Where the outcome is less than certain, the attorney might offer to take the case on a modified contingency fee basis. In this instance, the client will invest the costs of litigation (or some percentage of the costs).
If the case is successful, the client will receive the costs back and the attorney will take a percentage of the proceeds as a fee. Under this arrangement, the attorney’s percentage should be smaller because he has not assumed all of the risk.
Contact An Injury Attorney Early After You Are Injured
Now, do you see what I mean about selecting a personal injury attorney immediately after you are injured.
You can bet the defendant and his insurance company are working diligently to limit or eliminate their liability. Selecting a personal injury attorney early on is the best way to protect your interests. Do not worry about payment. If your case has merit, a reputable personal injury attorney will likely take the case on a contingency fee basis. So, select a competent personal injury attorney and protect your rights now.
You will be able to pay later.
By: Douglas Manning
