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11 Questions to Ask Your Attorney

Richard Gullette • Jul 22, 2021

Everyone has questions when reviewing a new case or incident with an attorney. Go into your next meeting prepared with these questions:

Hiring a personal injury lawyer should not be an instant decision. While there are many good lawyers, there are also many that are just starting out, lack experience, and have never tried a case in court. The last thing you should do is scan the yellow pages and hire the first personal injury lawyer at the top of the list. 


This method of selecting a lawyer almost always results in poor outcomes. Instead, select a few personal injury lawyers and ask the right questions. You want to preferably select a lawyer who you feel comfortable with, is open and communicative, listens to you, and comes across as a legitimate professional. The only way to know which personal injury lawyer will meet your needs is to get answers to the following questions to ask an attorney. 


1. What is Your Experience? 


In general, an experienced attorney will be familiar with the legal system, available resources pertinent to your case, and may even have extensive connections. You want to make sure that your lawyer has previously handled similar cases and won't struggle. 


You want to pay for the lawyer’s experience but not for any mistakes he or she makes along the way. Do not be shy to ask how many similar cases the lawyer has handled and the outcomes. Ask a Phoenix lawyer for the names of his clients who can act as referrals so that you can verify them.


2. Do You Specialize in Personal Injury Cases?


In general, you want a lawyer who devotes the majority of his/her time to personal injury cases. While you can always consult with a general lawyer for an injury case, these professionals may not have the depth of knowledge or experience in dealing with complex injury cases. 


You preferably want someone who is dedicated to one specialty of personal injury law. For example, if you have a surgical complication caused by a doctor or medical institution, you want to seek the services of a medical malpractice lawyer and not a general lawyer. 


3. How and When Will the Attorney Communicate with You?


In general, lawyers are busy people and simultaneously work on many cases. Often, they get caught up in their work and personal communication with the client is rare. If you are someone who likes to keep on top of things, then you need to ask how often the attorney will call you. Will he or she communicate by phone, email, or text? Attorneys who are busy will often delegate the task of communication with clients to junior staff. 


At the same time, you would like to know if you will be able to contact the attorney if something important comes up? Attorneys can be very busy and have little time to chit-chat, but they will give you an email or a phone number to the office where you can contact junior staff. If the matter is not urgent, the attorney should be able to reach you within a few hours. If the attorney states that he or she does not like clients calling the office, then you need to continue searching for a lawyer.


4. How and When Will You Pay for Their Services?


Depending on your type of case and the law firm you select, there are different payment arrangements possible. Most personal injury attorneys work on a contingency fee basis, which means you don't have to pay until the lawyer wins your case. However, other lawyers may work on an hourly rate or ask for a retainer fee, or a combination of both. You should always ask your attorney about his or her fee structure and payment plan upfront so you will know.


5. Can the Lawyer Predict the Outcome of the Case?


In general, predicting the outcome of a case is not easy. Each injury case is unique and there are many factors that one has to assess. However, based on previous experience with similar cases, the personal injury lawyer may be able to give you an estimated outcome. 


6. How Long Will It Take to Resolve the Case?


No matter how simple a personal injury case is, it still takes time to resolve the issues. The lawyer has to collect all the medical reports, speak to the doctors, get the police report, speak to any witnesses, call the insurer, and so on. It is important to understand that if you are still being treated for a medical injury, the lawyer will not be ready to settle. 


Premature settlements can lead to a small amount of money and if your injury continues to require treatment, all the expenses will then be out of your pocket. Hence most lawyers will wait to settle the case until your medical treatment is completed and they have a final bill. However, based on personal experience, a good personal injury lawyer will be able to give you a rough timeline of when the case will be settled.


7. Will Your Case Go to Trial?


The majority of personal injury cases are settled before they reach court. However, there can be times when the insurer may doubt your medical injuries or hold you at fault and refuse to settle; in such cases, going to trial is the only way to resolve the case. However, cases can be settled even the day before going to court. 


But, for the most part, expect your case to be settled out of court. At the same time, you should always ask the lawyer if he or she has trial experience. You preferably want to select an attorney with courtroom experience as it does require extensive preparations.


8. What Are Your Fees?


Retaining a lawyer can be quite expensive, and this is often the primary reason why people do not seek services from an attorney. Hence, you should always ask about the fee structure. In general, you should avoid personal injury lawyers that charge by the hour. The reason is that you have no control over the duration of the case and the lawyer could potentially extend the case, primarily for monetary reasons. 


Fortunately, the majority of personal injury lawyers work on a contingency fee. This means they get paid when they win the case. The contingency fee may vary from 20-35 percent of the amount awarded. The other good thing is that there are no upfront fees. 


Even if the lawyer charges you a flat rate, you should always ask if this fee will include court costs, delivery services charges, phone call costs, or any travel expenses. After you have been awarded the money for your injuries, the lawyer will deduct his share of the expenses.


9. Do I Have to Pay If I Lose the Case?


Whether you have to pay if you lose the case depends on the jurisdiction you live in and your contract with the lawyer. Most personal injury lawyers only charge you for the administrative fees and/or court costs if the case went to trial. 


However, other lawyers simply do not charge the client any fees if the case is lost. Hence, you need to ask this question before signing any contract. The last thing you want is to be saddled with a huge bill despite suffering an injury and losing a case.


10. Will the Lawyer Offer You a Contract?


If a lawyer does not offer you a contract, you should always ask for one. No matter how simple the case, you want everything in writing, including the billing policy and all other fees. When the lawyer is unwilling to have a contract, this should be a sure sign that you are dealing with someone who does not play by the rules.


11. Will the Lawyer Be Willing to Settle the Case Instead of Going to Court?


You preferably want a lawyer who is willing to settle the case instead of going to court. Going to court is a longer and more expensive process and the outcome rests on the jury. Settling a case is a much better option as it is a shorter, cheaper, and faster process. However, there may be times when the other party may not want to settle, and the lawyer has no choice but to go to trial.


Have Questions You Need to Ask a Phoenix Attorney? Contact Us Today


All in all, questions to ask the attorney should guide your process of deciding who may be the best lawyer for your case. When contacting a Phoenix attorney, consider the law offices of Richard A. Gullette. If Rick takes your case, he will work directly with you every step of the way. After all, his over 30 years of experience in Arizona resolving personal injury cases gives him an abundance of knowledge to share with you.


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