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Do You Know Your Rights When Hiring An Attorney ?
WHEN YOU NEED TO SEE AN
ATTORNEY - PRINT THIS ARTICLE, TAKE IT WITH YOU AND SHOW IT TO YOUR ATTORNEY AND INSIST
ON RECEIVING A "STATEMENT OF CLIENT'S RIGHTS" :
Most people are unaware of their rights when hiring an attorney. However, it may be one of the most important decisions one can make. Prior to retaining an attorney to prosecute a negligence cause of action, that attorney should provide a retainer agreement, as well as a "Statement of Client's Rights." Both of these documents should be thoroughly read and understood prior to being signed by the client (yourself). If there are any questions, the attorney should be willing to take the time to answer such questions to the client's satisfaction, or risk loosing you as a client.
Generally, the agreement involved in a negligence case involves a "contingency fee". Unlike a fee arrangement whereby the attorney is paid on an hourly basis. A contingency fee is based upon a percentage of the money recovered by the attorney on behalf of the client. The contingency fee is beneficial to those who might not otherwise be able to afford an attorney, provides open access to the Court to seek damages due to someone's negligence.
You as the client, who enter into agreements to retain an attorney in a negligence cause of action have certain specific rights. For example, a contingency fee contract must be in writing, and the has three business days from the date of the sighing of the contract to withdraw from the contract.
In addition , you , as the client, have the right to know about the lawyers education, training and experience. Further, the client has the right to know in advance how the attorney will pay the expenses and the legal fees at the end of the case. You have the right to question the attorney regarding how any advanced deposit will be spent, and are entitled to a reasonable estimate regarding future necessary costs.
Although many lawyers fail to do so in their haste to enter into an agreement with the client, the lawyer should advise as to possible consequences should the client loose the case. For example, many costs are recoverable in negligence cause of action by the prevailing party.
Therefore, if a defendant prevails in a lawsuit, the plaintiff may be liable for a significant portion of those costs expended. Further, in most states , if a defendant's offer to settle a case is rejected by the Plaintiff, and the Plaintiff fails to obtain a verdict of a certain amount, the Defendant may be entitled to attorneys' fees as well.
In conclusion, the hiring of a lawyer may be one of the most important decisions that can be made. You should choose your lawyer carefully, and be fully advised of any rights and information to which you are entitled.
