questions to ask a lawyer when you are sued

If you have been advised to sue by a lawyer, at a minimum, and depending on the particular situation, you should ask the following questions:

1. What is the cause of action? Explain to me on what legal basis am I suing them – in plain English please.
2. What does the cause of action entitle us to? (ie. what is the lawful remedy that you are seeking? Do I receive an...

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What questions should I Ask my Lawyer?

However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well. These questions are the bare essentials. Depending on the facts and circumstances of your case, you will inevitably think of many others. Ask them.

Do I have to accept the papers that begin the lawsuit?

You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!) 2. No service advantage.

What should and should not be doing to help my attorney?

It is quite important to find out what you should and should not be doing to help your attorney. Often you may be able to provide documents and background information. However, your lawyer will usually tell you that you should not speak to witnesses or do any legal work. Learn how you can help, and make sure to follow your counsel’s instructions.

How to choose the right lawyer for your case?

A lawyer who has the right background can often save you time and money, all the while getting the best result possible. And don’t take a simple “Yes” for a sufficient answer. Ask follow-up questions, such as where and when any similar cases went to trial and their results, to ensure the attorney really knows the subject matter.

What are good questions to ask lawyers?

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 do you negotiate before suing?

Offer to Compromise Before You Sue Before you reach for pen and paper, try to negotiate directly with the person, preferably in person. Know that any offer of compromise, made either orally or in writing, does not legally bind you to sue for that amount if the compromise is not accepted.

What can you ask for in a lawsuit?

If you bring a lawsuit under Section 1983, you can ask for three things: money damages, a declaratory judgment, or an injunction. You don't have to ask for just one—you can ask for two or all three. In the legal world, all three of these options are called “relief.”

How do you successfully win a lawsuit?

Tips for Success in the CourtroomMeet Your Deadlines. ... Choose a Judge or Jury Trial. ... Learn the Elements of Your Case. ... Make Sure Your Evidence Is Admissible. ... Prepare a Trial Notebook.Learn the Ropes.Watch Some Trials. ... Be Respectful.More items...

What should I ask for in a settlement agreement?

The amount of compensation you should be entitled to in the settlement agreement. The most cost-effective way of drafting the document to avoid having to pay tax unnecessarily. Whether you have any prospect of an Employment Tribunal claim against your employer and what the value of that claim would be.

Should you let someone know you are suing them?

After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed.

What assets can be seized in a lawsuit?

Properties a creditor can seize include tangible assets, such as vehicles, houses, stocks, and company shares. They can also include future assets a debtor expects to receive such as commissions, insurance payouts, and royalties. The attorney questioning you will very likely discover these assets.

What can you sue for emotional distress?

If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.

What assets are protected in a lawsuit?

Assets in a domestic asset protection trust may include cash, stock, LLCs, business property and real estate. Keep in mind that the trust may be forced to pay obligations like child support, alimony and taxes.

How lawyers win cases?

First, lawyers understand and believe the facts their clients relay to them. Second, after hearing the facts and identifying the legal issues a client is facing, a lawyer must find a previously decided opinion (called case law or precedent) with an outcome that favors their client's position.

What makes a successful lawsuit?

In a lawsuit, it is not about who is right or wrong, but what you can prove. The best proof is often in the form of documentary or other visual evidence. All of us have witnessed in today's Youtube society the impact that visual evidence can impact a person's opinion.

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

1. Does your lawyer have trial experience?

Does your lawyer have trial experience? If so, how many trials, bench trials, jury trials, administrative hearings and contested matters of any type has the lawyer handled and what is his or her winning percentage? If the lawyer has little experience or can’t seem to win, do you really want your business in that person’s hands?

2. Ask for a litigation budget

How much will this cost if you settle the case now and how much will it cost during the life of the lawsuit?

3. Ask for a cost-benefit analysis

What is the range of outcomes or exposure and what are the chances that they will happen? What is a likely success and what is the chance you’ll achieve that success? With this information, a budget, and monthly invoicing, you can reduce the financial surprise of litigation.

4. What are the alternatives to a trial?

Discuss the benefits of early mediation, which is a formal settlement process. Discuss the various types of arbitration, which is usually cheaper than a trial and is often quite effective, especially in business-related disputes.

5. Preserve your defenses

Discuss at the outset the defenses of personal jurisdiction and venue. Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case.

6. Put your insurance carrier on notice

Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none.

7. Put it in writing

Insist on an engagement letter with your litigation counsel, identifying the terms and conditions of the representation, the cost of and the scope of the work to be performed, and how billing will be handled.

What happens if the plaintiff complains?

If either the plaintiff (one complaining) or the defendant (one defending his actions) (the winner or loser) in a civil trial disagrees with the final decision of a judge or jury, the party can “appeal” his or her case to a higher or appellate court.

Do lawyers take questions for granted?

The answers to questions you get will vary widely with each lawyer, but don’t take anything for granted. It is important to be fully satisfied with your choice of the person who will be working with you in a difficult time of your life.

Do law offices charge a fee for consultations?

First of all, most law offices charge a low fee for the first consultation or offer it for free. As far as the overall cost, that is usually determined by a case-by-case evaluation. ( Cesar Ornelas Law Firm only charges you if they win your case and a settlement has been determined.)

Why do lawyers love their clients?

Lawyers love clients who sue over "principle," because their cases usually go on longer than those brought solely for economic reasons. If you're a defendant, resist the urge to countersue unless you have a solid case. See a therapist instead—they're cheaper than lawyers, and you'll feel a whole lot better. 9.

What is the unpleasantness of being a litigant?

The Incredible Unpleasantness of Being a Litigant. There's nothing worse than that sinking feeling you get when you are handed a legal document that announces you're being sued. Say hello to lawyers, courtrooms, big bills, sour stomachs, and sleepless nights. Here are things you may not know about being on the receiving end of a lawsuit.

Do you have to accept papers in a lawsuit?

1. You're it. You don't have to "accept" the papers that begin the lawsuit. You just have to be "given" the papers … which can mean that the server announced what the papers were and then presented them to you … even if you throw them on the ground. (p.s. That may earn you a citation for littering!)

1. How long have you practiced law?

At a minimum, you'll want to know about the lawyer's expertise and whether the lawyer is a veteran or beginner attorney, for instance. Your legal issue may very well be handled by someone who is fresh out of law school, (or not). It all depends.

2. What type of cases do you generally handle? What percentage of your practice is devoted to (the practice area in question)?

You'll also want to know about a lawyer's expertise and how much of the attorney's practice is devoted to topic area your legal issue falls within. For example, if you need help with an adoption case, you may wish to seek a family law lawyer who has worked on, well, adoption cases. Click here for a full list of practice area definitions.

3. Who is your typical client?

This is an important, but often-overlooked question. For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients.

4. How many cases have you represented that were similar to mine?

Now is not the time to act shy. Feel free to ask about the attorney's track record, such as the number of cases won or settled, for example.

5. Other than a law degree, what kind of special training or knowledge do you have that might apply in my situation?

Some cases, like DUI and patent cases, require specialized training and knowledge for effective representation. Be sure to inquire whether your case fits into that category.

6. What are your attorney fees and costs, and how are they billed? Will a portion or all of my case be handled by paralegals or legal assistants? If so, ask about reduced costs

This step is obviously an important one. You'll want to know whether you can afford the lawyer's services and how you will be required to pay. This is also the time to ask about payment options and how often, and under what circumstances, you will be billed.

7. What is your approach or philosophy to winning or representing a case?

This can be important in two ways. First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you.

In Order to Move Forward With Any Lawyer, First Ask These Ten Questions

Think of the consultation as an interview. You’re hiring the lawyer. Put the attorney to the test, starting with this question….

Finding the Right Lawyer Is The First Step in Winning Your Case

You are, after all, as good as your representation. Your lawyer speaks for you. Therefore make sure you speak with that lawyer first to ensure he/she is the right one for the job. Find the best lawyer for you today.

How do you know if you are being sued in Texas?

Often, the first time you know you are being sued is when the man in uniform comes to your door to serve you with the lawsuit. I have had several clients call me when this uniformed stranger comes to their door and ask whether they should answer the door. In Texas, more often than not, it is a Constable. He (or she) is not there to arrest you. All they are doing is their duty to deliver to you a copy of the suit that has been filed. You should answer the door and accept the copy of the lawsuit. NOTE: You may not be served by a constable. Texas allows qualified private citizens, also known as "Process Servers" to serve lawsuits for a fee, so the person serving the lawsuit on you may not be in uniform; in any case, do not attempt to avoid service.

What happens after a case is tried?

After the case is tried, the Judge of the Court will enter Judgment for the winning party. The winner is entitled to recover any damages found, court costs and sometimes their attorney’s fees.

How long does it take to get a trial in Dallas County?

Unfortunately, a quick trial in Dallas County is not possible. Expect your trial to commence in 18 to 24 months after the lawsuit is filed. When the case is tried, each side will be given the opportunity to present their evidence and witnesses and cross-examine the other side’s witnesses.

Can a constable serve a lawsuit in Texas?

NOTE: You may not be served by a constable. Texas allows qualified private citizens, also known as "Process Servers" to serve lawsuits for a fee, so the person serving the lawsuit on you may not be in uniform; in any case, do not attempt to avoid service. This is where many of my client's fall down.

Why is it important to ask a personal injury lawyer to interview?

Although uncomfortable, it’s important to ask this to the personal injury lawyer you’re interviewing so that you know if he or she has been in trouble in the past and the reasons it’s for. You want to make sure you’re hiring someone with integrity and respect for the legal profession.

What happens if a personal injury lawyer takes on too many cases at once?

If a personal injury lawyer takes on too many cases at once, your case might not be handled competently. It’s always good to know how many cases a lawyer works on at a time so that you can decide if he or she has the necessary amount of time to effectively help you win your case. 4.

Why do people settle out of court?

Many people prefer settling out of court because it is much less stressful.

Can a personal injury attorney work on your case?

You most likely want to know if the personal injury attorney has any similar experience in his or her past that will help you win your case. Some people only want experienced attorneys. Others are okay with allowing new attorneys to work on their case. It’s up to you, but you should be able to make the choice yourself.

Do personal injury lawyers know if you have a case?

Usually, the personal injury lawyer will let you know after some research as to whether or not you have a case. But, feel free to ask just in case they already know the answer.

Is it hard to hire a personal injury lawyer?

Hiring a personal injury lawyer might seem difficult and confusing, but it doesn’t have to be. Lawyers go through intensive schooling and education to be able to represent clients competently. When you or a family member has been injured, hiring a lawyer might be the last thing on your mind.