Things To Ask To The Knoxville Personal Injury Attorney
The Knoxville Personal Injury Attorney client relationship is determined by contract. The attorney promises to represent the client in exchange for a promise of compensation. The court rules and many states require that contingent fee agreements be in writing and signed by the client.50 Whether or not the law requires an agreement, the client should request a written agreement and ask that it be fully explained. Attorneys have an ethical obligation to reject a frivolous case or a case raising issues where they lack competence. Filing of frivolous and defamatory litigation justifies disciplinary action. The attorney is also vulnerable to a civil lawsuit for malicious prosecution, although such actions are seldom successful. See the previous discussion concerning frivolous lawsuits.
The agreement will necessarily have limitations. It cannot guarantee any particular result or any particular completion date, and will usually not detail the step-by-step procedures the attorney will ultimately take. This lack of detail is not sinister but instead realistic. Even the most common legal problem or case may entail many unpredictable complications. The client should carefully ask questions until all ramifications of the problem or case are at least generally understood.
Examples of questions a prospective client might ask include the following: On what basis is the fee calculated? If hourly, is the meter" running at the same rate while junior attorneys or paralegals are working on the case? How much library or computer research is anticipated, and at what cost? Will the fee statement be itemized as to hours spent and tasks accomplished? How often will a bill be issued? If the fee is contingent (client and attorney share in any recovery), are costs to be deducted from the award before or after computation of the attorneys share? If the matter is settled quickly (and so the attorneys involvement is less than was anticipated) is the fee division altered commensurately? What happens if the lawyers work increases greatlyfor example, when a new trial is granted or an appeal must be initiated? If a flat fee is charged, how will costs be paid? What does the fee include? What happens if there is an appeal? There should be a careful delineation of the work to be performed. Specifically, what important actions and events does the Knoxville Personal Injury Attorney predict, and when are they most likely to happen? What are the possible outcomes of the action, good and bad? Is there any point of no return; that is, a point beyond which the client cannot practically withdraw from the matter? Will there be a need to refer all or any part of the case to another attorney? If so, how will the fee and work be affected and divided? What will be the means (telephone, e-mail, and letter) and frequency of communications with the attorney or secretary? Will copies of all documents and correspondence routinely be sent to the client?
The agreement will necessarily have limitations. It cannot guarantee any particular result or any particular completion date, and will usually not detail the step-by-step procedures the attorney will ultimately take. This lack of detail is not sinister but instead realistic. Even the most common legal problem or case may entail many unpredictable complications. The client should carefully ask questions until all ramifications of the problem or case are at least generally understood.
Examples of questions a prospective client might ask include the following: On what basis is the fee calculated? If hourly, is the meter" running at the same rate while junior attorneys or paralegals are working on the case? How much library or computer research is anticipated, and at what cost? Will the fee statement be itemized as to hours spent and tasks accomplished? How often will a bill be issued? If the fee is contingent (client and attorney share in any recovery), are costs to be deducted from the award before or after computation of the attorneys share? If the matter is settled quickly (and so the attorneys involvement is less than was anticipated) is the fee division altered commensurately? What happens if the lawyers work increases greatlyfor example, when a new trial is granted or an appeal must be initiated? If a flat fee is charged, how will costs be paid? What does the fee include? What happens if there is an appeal? There should be a careful delineation of the work to be performed. Specifically, what important actions and events does the Knoxville Personal Injury Attorney predict, and when are they most likely to happen? What are the possible outcomes of the action, good and bad? Is there any point of no return; that is, a point beyond which the client cannot practically withdraw from the matter? Will there be a need to refer all or any part of the case to another attorney? If so, how will the fee and work be affected and divided? What will be the means (telephone, e-mail, and letter) and frequency of communications with the attorney or secretary? Will copies of all documents and correspondence routinely be sent to the client?
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