How Do You Know if The Personal Injury
Lawyer You Want to Hire is Qualified?:
 Lawyers should be selected for their
expertise and experience in specific categories of cases. The
"right lawyer" is the person who has substantial experience
handling a case very similar to yours, who can and will take action
at once. The "right lawyer" knows what to do immediately, acts
effectively and with little wasted effort or wasted expenditures of
your money.
Here are some Key
Questions!
Do I trust this
lawyer?
Go visit him/her and see if they are organized, how their staff
treats your, do you have his undivided attention or is your visit
interrupted with his busy work.
Look at his office. Is is a "shell" office, does he own it, how
long has he been established in this location, or did he just
recently move or change professions. You want a financially and
emotionally stable lawyer.
Does your lawyer have a
realistic perspective?
You want someone who will tell you the truth, not prey on your
fears or patronize you in a time of need. Since lawyers are
ethically prevented from guaranteeing results on a case, confirm
sales talk with a request it be put in writing.
Does your lawyer have your
best interest in mind?
Will he visit you on the weekends or in your home or go to the
scene of the accident to better understand it? Your Lawyer and
investigator should do so.
Has your lawyer ever been
disciplined by the State Bar of California for
ethical violations or criminal convictions in
any state?
Ask him/her.
Has there license every been
revoked or restricted?
Has the lawyer
been sued for anything, including
malpractice?
You can check the public records computer at the courthouse.
Is your Lawyer
Qualified?
If you have a specialized case, your lawyer should have specialized
experience in that field, not a "jack of all trades". Every
community has lawyers who are experts in specific areas of the law.
Finding a specialist requires more than asking friends and
relatives for their recommendations. Unless they have extensive
experience in the legal community, their advice has to be
considered in the context of their background. To rely merely upon
advice from friends and relatives may greatly limit your
prospects.
Has your lawyer tried a case and
won/lost before a jury?
This is important, because it proves commitment, a valid track
record which the defense will consider when evaluating your case
and lawyer. You don't want a lawyer who will sell your case short
because of a fear of the jury system or himself. You want a lawyer
who will fight, not just go through the motions.
Ask your lawyer for recent
jury verdict results in writing.
These jury verdicts are public record and often their results are
submitted to verdict data banks/publications which are drawn upon
by both sides when evaluating a case. i.e. Trial Trends,
Tri-Service, and Confidential Reports are a few such
publications. You want a lawyer who can win. Mr. Duquette regularly
reviews jury verdict reports to stay up on the latest case values
and changes.
How many cases has your
lawyer tried?
This will immediately tell you how he stacks up against his
competition. Typically, the more cases tried, the better the lawyer
is at communicating with the jury. This converts into a more
realistic evaluation of the strengths and weaknesses of your case
by your attorney.
Has your lawyer sought out
recent specialized training
in trial lawyering?
Again, this will show if your lawyer is committed to his
profession. Trial practice is an art and requires constant
attention. Continuing education seminars are one thing like
studying a football playbook, it's another to scrimmage or practice
your trial skills.
Does your lawyer have the
technical equipment and ability to present your
case in court?
For example, he should have a shadow box for x-rays, MRI's and Cat
Scans. He should have a laptop computer and video projector to
project scanned images before the jury. Our office has these items,
and trains in their use. We even generate our own in house enlarged
poster exhibits of photos, graphs, diagrams and jury instructions
at a low cost to you so you're able to effectively communicate with
the jury and compete with the insurance companies big litigation
budgets.
 How many years has your
lawyer been representing people?
Often times lawyers switch sides because they feel they can make
more money. However, some have always represented people and are
committed to helping real people. Mr. Duquette has always
represented individuals as opposed to the government, police or
insurance companies.
How involved in his areas of
practice is the lawyer?
Involved does not just mean "joining" a group or organization for
display of the certificate. It means communicating with local and
national trial lawyers, e-mail groups, putting on seminars in
relevant areas of law, attending trial lawyer schools as well as
local conventions. Mr. Duquette belongs to several e-mail groups
and reviews about 50-75 e-mails a day in Personal Injury and
Criminal law from local and national lawyers in these areas of
practice. He's put on and attended over 100 seminars geared to
helping his clients, and has even spoke at a few.
Are your lawyers fees
reasonable?
"A lawyer’s time and advice are his stock in
trade."
—Abraham Lincoln
Attorneys set fees in various ways. One method is to charge by the
hour. This rate is based upon his or her office overhead and other
costs of doing business, plus an amount which will reasonably
compensate for the attorney’s time as wee as well as his
experience, the difficulty of the case etc. per the ethical rules.
Fees on an hourly basis generally range from about $80.00 per hour
to over $200.00 per hour. Some attorneys will also charge a flat
fee, one price for the entire handling of a case. Others stagger or
stair step the fee depending on the extent of work needed. The
amount of the fee does not insure a first class job. In the final
analysis, quality of service should be your prime concern.
Attorney fees are negotiable and Mr. Duquette's fees are spelled
out in his written contract with the client. If the fee is
$1,000.00 or more, it must be in writing by law. Usually, Mr.
Duquette will advance many costs associated with the litigation on
a case by case basis. His fees are competitive and reasonable.
Oftentimes a payment plan is used. NOTE, most personal injury cases
are on a contingency fee basis, which means you don't pay until the
case is over, or in other words....NO RECOVERY - NO ATTORNEY FEE.
Double check if costs are advanced in whole or part by the
attorney.
See the State Bar of
California's Rules on Fees
What if I can’t pay
per hour to talk to an attorney and have him or her
handle my case?
When a person or business acts wrongfully and injures an innocent
person, the victim is given the right to sue the wrongdoer for fair
compensation. Historically, only the wealthy were involved in
lawsuits because lawyers charged fees for all services rendered,
whether the case was won or lost. As a result, most people were
unable to exercise their rights in courts and therefore suffered
silently. More recently lawyers who represented these victims began
drafting employment contracts which allowed the victim to obtain
legal services without cost unless the suit was won, and then only
on an agreed percentage of the recovery. This was the birth of the
contingency fee. The now common contingency fee contract thus
became the consumers’ key to the courthouse. It is used to
some extent in every state in the United States and is approved by
the American Bar Association. It is no longer restricted to
personal injury cases, but is used in cases of business fraud,
collection debts, and contractual disputes. The contingency fee
principle has elevated the individual to the same legal level as
the wealthiest corporation. This principle is not confined to
lawyers and their clients. Many businesses pay their employees on a
commission basis. Insurance companies usually pay their sales
people on a percentage of the premiums collected. Stockbrokers
charge fees based upon the dollar amount of their transactions.
Real estate people charge a percentage of sale only if the sale is
made. There are many such examples of the workings of a fair
contingency system at work in our society.
How does the contingency fee
work?
If any attorney takes a case on a contingency fee, the attorney
only gets paid if the case is won. If the case is lost, the
attorney gets no fee. In addition, the attorney will often agree to
advance the costs of the suit for the client. These include filing
fees, deposition transaction and reporting fees, investigators,
photography and expert witness fees. These costs must be repaid to
the attorney at the end of the case. By using a contingency fee
arrangement, the injured victim is able to afford as qualified a
lawyer as would be available if he or she could pay an hourly
fee.
What kind of percentage is
fair and reasonable?
Contingency fees may vary between 25% and 45% of the client’s
recovery. The percentage in some cases is controlled by statute.
Some of the matters which affect the size of the percentages are
the complexity of the case, the experience of the attorney, the
expense of the case, and other factors. Some attorneys charge a
different percentage at different stages in the handling of the
case. No matter what kind of fee arrangement you make with an
attorney, the attorney is entitled only to a reasonable fee. What
is reasonable depends on many things. The fee is, of course,
subject to individual negotiation. If you feel that a suggested fee
is too high and, having discussed it with the lawyer, are not
satisfied with the explanation, then get an additional opinion from
a second qualified attorney. As previously mentioned, the lowest
percentage may not be the best for a competent, well-qualified
lawyer who could probably obtain a result which would more than
make up for the difference in a lower fee charged by a less
competent or trained practitioner.
Should there be an
attorney-client agreement in writing?
Yes! For your mutual protection and in order to avoid any
misunderstandings, have the lawyer put you agreement in writing.
Always read the contract before signing it. If you don’t
understand it get someone you trust to explain it to you. Make sure
the contract states the terms of your agreement and does not
contain blank spaces. Obtain a copy for you records. If the
contract is on a contingency fee basis, state law requires that at
the time the contract is entered into, the attorney shall provide
you with a duplicate copy signed by both you and the attorney.
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