The bottom line is when the defense makes an offer of settlement to your attorney, your attorney must convey to you this offer by telling it over the phone or by meeting you personally.
Full Answer
How do I negotiate a settlement with a lawyer?
Discuss a reduced "settlement negotiation only" fee. If you have a strong case that is likely to settle, you could negotiate for a two-part contingent fee agreement. If the case settles and the lawyer only had to negotiate a settlement without having to take the case to trial, you can suggest a 25% fee.
What to do if you are struggling to communicate with your lawyer?
Think about why you are struggling to communicate with your lawyer. At your meeting, you can acknowledge your own failure to communicate effectively, and you can work with your lawyer to find a solution. Know when to fire your lawyer. As the client, you generally have the right to fire your lawyer at any time. [16]
How to talk to a lawyer about fees and expenses?
Talk to your lawyer about fees and expenses, and make sure that you understand all the information on fees and costs that your lawyer gives you. It’s best to ask for it in writing before legal work starts. What billing method do most lawyers use?
Why can’t I understand what my lawyer is doing?
Or your lawyer may have encountered personal difficulties which makes being a lawyer impossible. Your lawyer doesn’t explain what is going on so that you can understand it. Although legal concepts are complicated, a good attorney should take care that you understand what is happening. You think your lawyer has lied to you.
What do you say when contacting an attorney?
Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•
What questions should I ask at an attorney consultation?
Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•
How can I communicate with my lawyer?
Stay informed about your case.Take notes if you talk to your lawyer in person or over the telephone. Store your notes in the same place. ... Always review your notes before contacting your attorney. The answer to your question may be in your notes.Your lawyer should also send you copies of documents filed in your case.
What is the usual result of a settlement?
After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
What are 3 questions you should ask a lawyer before hiring?
Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•
What do you wear to a meeting with a lawyer?
Dress nicely. The standard attire for meeting with you lawyer should be business casual. Wear dress pants, a nice shirt or top. Women should wear a conservative dress or skirt.
Is it better to call or email a lawyer?
Of course, lawyers are usually far more responsive to emails and phone calls they receive when they are most likely to be at the grind handling legal matters, but counterparts often email or call outside these time periods.
What you should know before you talk to a lawyer?
10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•
How often should you contact your lawyer?
You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.
How long does it take to get paid after a settlement?
While rough estimates usually put the amount of time to receive settlement money around four to six weeks after a case it settled, the amount of time leading up to settlement will also vary. There are multiple factors to consider when asking how long it takes to get a settlement check.
Are settlement checks taxable?
Settlement money and damages collected from a lawsuit are considered income, which means the IRS will generally tax that money. However, personal injury settlements are an exception (most notably: car accident settlements and slip and fall settlements are nontaxable).
How is settlement money divided?
The percentage of the settlement or judgment that attorneys charge does vary slightly, usually between 25% to 50%, depending on the type of case being handled.
What is the hardest question to ask a lawyer?
12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•
What you should know before you talk to a lawyer?
10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•
What does a consultation consist of?
A meeting to discuss, decide, or plan something, as a meeting of several doctors to discuss the diagnosis and treatment of a patient. A conference for the exchange of information and advice. The act or process of consulting. A meeting between physicians to discuss the diagnosis or treatment of a case.
What's the difference between attorney and lawyer?
Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.
How to get a lawyer to agree to a dispute?
1. Organize your thinking. At your first meeting , you need to give your lawyer the background of your dispute. Your lawyer will need to know the “who, what, where, when, how, and why.”. You should spend time trying to get this information organized so that you can share it in a clear way.
What to ask a lawyer about communication?
Ask what the lawyer expects from you. Communication is a two-way street. You should ask your lawyer if he or she has any expectations for how you will communicate.
What to do if you don't understand something your lawyer has said?
If you don’t understand something your lawyer has said, ask for clarification. You can say, “I don’t understand what ‘injunction’ means. Can you explain that?”
What to do if your lawyer doesn't give you copies of your documents?
Your lawyer should also send you copies of documents filed in your case. Keep these and read them. If your lawyer doesn’t give them to you, then ask for copies . You may have to pay a small fee.
How to communicate with a lawyer?
1. Ask your lawyer how he or she communicates. Each lawyer is different. Some might prefer to communicate by email. Others may communicate by telephone. At your first meeting with the lawyer, you should discuss how you will communicate. Try not to demand that the lawyer use your preferred method of communication.
What to do if communication has broken down?
If you feel communication has broken down, address your own shortcomings. For example, you might not get requested information to your lawyer until right before a deadline. This makes it very difficult for a lawyer to represent you. Think about why you are struggling to communicate with your lawyer.
What to say when your lawyer takes more than a day?
If your lawyer takes more than a day, then you should ask why it took so long. You can say, “Thanks for the call. I actually called you three days ago. Were you too busy to respond?”
How to avoid surprises when a lawyer bills you?
Lawyers can be expensive. We all know that. But you can take a few steps to ensure that you avoid any surprises when the bill arrives in the mail. Talk to your lawyer about fees and expenses, and make sure that you understand all the information on fees and costs that your lawyer gives you. It’s best to ask for it in writing before legal work starts.
How can I be sure that my lawyer will not overcharge me?
The fee charged by a lawyer should be reasonable from an objective point of view. The fee should be tied to specific services rendered, time invested, the level of expertise provided, and the difficulty of the matter. This fee, however, may also be a percentage of recovery, called a contingency fee, which is discussed below. Here are some broad guidelines to help you in evaluating whether a particular fee is reasonable:
What billing method do most lawyers use?
The most common billing method is to charge a set amount for each hour or fraction of an hour the lawyer works on your case. The method for determining what is a “reasonable” hourly fee depends on several things. More experienced lawyers tend to charge more per hour than those with less experience — but they also may take less time to do the same legal work. In addition, the same lawyer will sometimes charge more for time spent in the courtroom than for hours spent in the office or library.
Why do some lawyers use contingent fee arrangements? Isn’t there a chance they won’t get paid at all?
However, this is also a chance that, if you end up with a large amount being recovered, the lawyer may end up earning more than under a traditional fee arrangement. The legal field has approved of contingent fees in most cases because they allow clients without much money to access the legal system. However, most states restrict the types of cases for which payment is done on a contingent basis, and limit the attorney’s fee to a “reasonable” percentage of the total amount recovered.
Does the lawyer’s billing method influence the other costs and expenses that I might have to pay?
No. Some costs and expenses will be charged regardless of the billing method. The court clerk’s office charges a fee for filing the complaint or petition that begins a legal action. The sheriff’s office charges a fee for serving a legal summons. Your lawyer must pay for postage, copying documents, telephone calls, and the advice or testimony of some expert witnesses, such as doctors. These expenses may not be part of a legal fee, and you may have to pay them regardless of the fee arrangement you use. Your lawyer will usually pay these costs as needed, billing you at regular intervals or at the close of your case.
Is there anything I can do to reduce my legal costs?
Yes, there are several cost - cutting methods available to you. First, answer all your lawyer’s questions fully and honestly. Not only will you feel better, but you also will save on legal fees. If you tell your lawyer all the facts as you know them, you will save time that might be spent on the case and will help your lawyer do a better job. Remember that the ethics of the profession require your lawyer to maintain in the strictest confidence almost anything you reveal during your private discussions. You should feel free to tell your lawyer the complete details in your case, even those that embarrass you. It is particularly important to tell your lawyer facts about your case that reflect poorly on you. These will almost certainly come out if your case goes to trial.
Can I reduce my legal costs if I get more involved in my case?
Let your lawyer know if you are willing to help out, such as picking up or delivering documents or making a few phone calls. You do not want to interfere with your lawyer’s work. However, you might be able to move your case more quickly, reduce your legal costs, and keep yourself better informed by doing some of the work yourself. Discuss this with your lawyer.
What to do if you agree to a settlement?
If you agree to a repayment or settlement plan, record the plan and the debt collector’s promises. Those promises may include stopping collection efforts and ending or forgiving the debt once you have completed these payments. Get it in writing before you make a payment.
What to do if you don't recognize the creditor?
If you don’t recognize the name of the creditor, you can ask what the original debt was for (credit card, mortgage foreclosure deficiency, etc.) and request the name of the original creditor. After you receive the debt collector’s response, compare it to your own records.
What happens if the statute of limitations is passed?
If the statute of limitations has passed, then your defense to the lawsuit could stop the creditor or debt collector from obtaining a judgment. You may want to find an attorney in your state to ask about the statute of limitations on your debt. Low income consumers may qualify for free legal help.
How to contact a debt collector?
Any debt collector who contacts you to collect a debt must give you certain information when it first contacts you, or in writing within 5 days after contacting you, including: 1 The name of the creditor 2 The amount owed 3 That you can dispute the debt or request the name and address of the original creditor, if different from the current creditor.
How to talk to a debt collector about your debt?
Explain your plan. When you talk to the debt collector, explain your financial situation. You may have more room to negotiate with a debt collector than you did with the original creditor. It can also help to work through a credit counselor or attorney.
How long does it take for a debt collector to contact you?
Any debt collector who contacts you to collect a debt must give you certain information when it first contacts you, or in writing within 5 days after contacting you, including: The name of the creditor. The amount owed. That you can dispute the debt or request the name and address of the original creditor, if different from the current creditor.
How long does a debt have to be paid before it can be sued?
The statute of limitations is the period when you can be sued. Most statutes of limitations fall in the three to six years range, although in some jurisdictions they may extend for longer.
1. Have you completely recovered from your injuries?
One of the main factors before accepting a settlement is whether or not your mind and body have completely recovered from the accident. This means taking into account any future medical expenses that you may incur such as physical therapy, mental therapy, future doctor visits, rehabilitation treatments, etc.
2. Are past and future lost wages included?
Lost wages from the accident are the responsibility of the at fault party. If you were not able to work for months after your accident because of your injuries, those costs are recoverable. Many insurance companies will try to leave that part out because most people don’t know that they can be compensated for any lost wages past and future.
3. Are you being compensated for pain and suffering?
Non-economic damages are essentially costs accrued from things that don’t have an exact number on them to calculate. This means things such as pain and suffering, mental health issues, loss of loved ones, etc.
4. Is property damage fully covered in the settlement?
Property damages should also be fully covered in your settlement.
5. Will this settlement affect eligibility to claim punitive damages?
In some cases, the settlement may include a punitive damage exemption clause that keeps the negligent party from being liable for paying punitive damages. This is a sneaky clause that can end up leaving a lot of money on the table if it’s not caught before signing your agreement.
6. Did the offer come before you know all of the expenses involved?
If your settlement offer came very quickly after the accident, it’s highly likely that you don’t know ALL of the costs involved yet since personal injury lawsuit timelines differ on a case by case basis.
Areas We Serve
We serve clients injured anywhere throughout the state of Colorado, but we focus on residents of these areas: Colorado Springs, Manitou Springs, Fountain, Briargate, Monument, Black Forest, Pueblo, Canon City, Larkspur, Security-Widefield, Peyton, Falcon, Calhan, Castle Rock, Teller County, El Paso County, Elbert County, Park County, Douglas County and beyond..
What is the purpose of pursuing a personal injury claim?
What is the purpose of pursuing a claim after being involved in a personal injury accident? When you pursue a personal injury claim, the goal is to hold the liable party accountable for his or her actions, which contributed to the harm that you suffered. When you pursue a claim, you are fighting to hold the liable party financially accountable for the harm that you suffered – that could include medical expenses, lost earnings, and pain/suffering among other things. In most cases, financial liability is transferred to an insurance company which then pays the victim. Recovering monetary compensation does not magically reverse the harm that was suffered; however, it can help the victim and his or her entire family move forward with their lives (in addition to covering the different costs and losses associated with the accident). The purpose of pursuing a claim is to recover the compensation that you are rightfully owed. When a lawyer is urging you to stop treatment, the potential value of your case will decrease. When a lawyer is urging you to agree to a settlement, you might be agreeing to an amount that is significantly less than what further negotiations or even a trial could reach. By closing your case before you recover the maximum amount of compensation available for recovery, your lawyer is essentially asking you to conform to a mediocre case outcome .
Can you sue someone for personal injury?
After suffering a personal injury accident caused by the negligent or reckless actions of others, it is possible for victims and their families to pursue claims. If you were involved in a personal injury accident, you might have already filed your claim with an attorney – you might be on track towards recovering the compensation that you deserve. However, you might encounter some difficulties throughout the legal process. Specifically, you and your attorney might not agree on how to proceed with your case. For instance, your lawyer might want you to stop medical treatment and close your case. Your lawyer might also want you to agree to a settlement while you are thinking about refusing to settle. These issues are normal; in many cases, lawyers and their clients do not see eye to eye. Lawyers are supposed to put their clients’ best interests first; they can recommend specific actions, but the final decision is always the clients’. In some cases, lawyers and clients can simply not come to an agreement – it is even possible for lawyers to be motivated by personal reasons (e.g. they want to close a case because they are tired of dealing with it, or they want to reach a settlement to simply close the case and move on). Victims of personal injury accidents that are not in agreement with their lawyers regarding their case have the option to seek second opinions from other lawyers. There is no guarantee that another lawyer will agree with your reasoning, but it could help clarify whether your lawyer is rushing to settle or close your case for no valid reason. Some common questions that arise when there is no agreement between clients and their attorneys include the following:
Can My Lawyer Settle My Case Without My Consent?
Can my lawyer settle my case and not tell me? A lawyer is not allowed to settle a case without the clients’ strict consent. As mentioned above, the client is the party that makes all final decisions – attorneys are simply there to offer recommendation and guidance. If you do not want to settle your case, there is no way that your attorney can settle without telling you. Doing so would represent an ethical violation. It would also represent a violation of a duty of care owed to clients, specifically a fiduciary duty of care (when someone with knowledge/experience on a matter is expected to give honorable advice or guidance but takes advantage of their superior position for their own benefit. It is possible for your attorney to try to settle your case without your consent; however, you will eventually be needed to sign final documents. As soon as you find out that your attorney tried to settle your case without your approval, you must file a complaint with the State Bar and contact the insurance adjuster handling your claim to inform them of the situation (that you did not consent to the settlement agreement and that the attorney no longer represents you). Depending on the circumstances that follow, the insurance adjuster will deal with you directly or with your new attorney – and you could make a decision regarding a settlement on your own terms.
What to discuss with an attorney?
When you meet with an attorney, you should discuss the attorney’s fees and be prepared to negotiate the terms of the fee structure. Whether the attorney bills his or her fees as a flat rate, hourly, or an a contingent fee basis, there is usually room to reduce the fee and save yourself money. However, some good attorneys may not be willing ...
How to choose an attorney for a flat fee?
When choosing an attorney to represent you in a routine legal case for a fixed fee, it is important that you contact other attorneys in the area and identify the rate that they charge for the same legal work. By identifying the acceptable fee range for legal services, you are in a better position to negotiate a reduced fee from an attorney that charges more than his or her competitors .
How to negotiate cost cutting?
For example, you can negotiate the intervals at which an attorney bills, specify that certain aspects of the case be handled for a fixed fee rather than an hourly rate, and you can limit the number of hours that an attorney can work on your case.
What is contingent fee agreement?
Understand a contingent fee arrangement. In a contingent fee agreement, an attorney agrees to accept a fixed percentage of the amount recovered in your case. The percentage may be between 33% and 40% of the amount recovered. Typically, personal injury cases are handled on a contingent fee basis. In a contingent fee arrangement, you will also be responsible for paying the costs of the case from any recovery. However, if the lawyer loses you will not owe the lawyer any money for the time spent working on your case. Some of the costs related to a case may include:
Why do attorneys charge flat fees?
You will see flat fees for criminal cases because it is often hard to get paid once a client goes to jail. With an hourly rate, an attorney charges you for every hour or portion of an hour that the attorney or other staff members work on the case. Attorneys who handle divorce cases may charge an hourly rate.
How many minutes should an attorney bill?
If you are negotiating an hourly fee agreement, you can ask that the attorney bill at 6 minute intervals rather than the more standard 15 minute intervals.
How to reduce the cost of a case?
You can also reduce the costs of your case by being completely honest with your attorney about all of the facts in your case. This helps the attorney better prepare your case and not waste time responding to issues to which he or she was unaware.
