Q. How do I retain a lawyer?
A. Though it may seem complicated, it is not. All you have to do is call and speak with us over the phone or make an appointment for an in-person consultation. If after speaking or meeting with you we believe that your claim has merit then we can enter into a written contract – a legal services retainer agreement – that details the scope of the work to be performed, the charges or fees for the work and the costs of pursuing the claim. Remember, it is the lawyer’s job to answer your questions so that you can make informed decisions, not only about whether to pursue a particular course of conduct, but also about the representation of the client by the lawyer.
Q. I have a claim and the other side’s insurance carrier wants to settle. Do I need a lawyer to settle my claim?
A. The answer is “no,” but you should be aware that a claimant who fails to retain an experienced attorney runs the risk that they will miss key details or otherwise fail to properly realize the value of their claim, thus leading to grossly insufficient settlements.
Q. What is legal malpractice and how do I prove it?
A. Generally speaking, a lawyer commits legal malpractice by either doing something that a reasonably prudent attorney should not do under the circumstances or by failing to do something that a reasonably prudent attorney should have done under the circumstances. To prove a claim of negligence the client needs to prove: (1) the existence of an attorney-client relationship (or evidence that the claimant was an intended third-party beneficiary of the attorney-client relationship – as in the case of beneficiaries to a Last Will or trust agreement); (2) a breach of duty by the lawyer; and (3) evidence that the breach of duty was the proximate cause of actual damages suffered by the client. Legal malpractice cases often present a “case within a case,” which is to say that in proving the legal malpractice, the claimant must not only prove that the lawyer did or failed to do something, i.e. committed negligence, but also what the result should or would have been if only the lawyer had not committed negligence in the first instance.