what questions to ask a lawyer about a civil suit

There are a few important legal questions you should ask. First of all, do you have a valid claim? A valid claim is one where the grievance can be resolved by legal action. For instance, and by way of example only, say you decide to take a cruise and the ships captain gets a little tipsy one night, running the ship aground.

Full Answer

What should I look for when hiring a civil lawsuit attorney?

Mar 26, 2008 · The order and progress of the investigation of the potential lawsuit, as well as the initial filing of the lawsuit, should that become necessary, is a process which cannot be accomplished in a short period of time if it is to be handled properly. To best represent you, it is generally in your best interest not to hurry the process of litigation.

What questions should I Ask my Lawyer?

A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit. Depositions are extremely useful tools for gathering evidence, because they allow a witness' testimony to be entered into the record, under oath ...

Can a lawsuit solve my problem?

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I". Then, add details. This will help you get a quicker and better answer.

How to choose the right lawyer for your case?

Apr 09, 2015 · 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. Two: Do you practice in the courthouse where my case is (or will be)?

What are good questions to ask lawyers?

What are 3 questions you should ask a lawyer before hiring?

What should I ask for in a lawsuit?

How do you successfully win a lawsuit?

What lawyers should not tell?

How do I prepare for an attorney interview?

How do I ask my lawyer for an update?

What is a prima facie case of negligence?

What is the primary purpose of the tort law?

How do you get a judge to rule in your favor?

How do you look good in front of a judge?

How do you impress a judge?

Top 20 Civil Deposition Questions?

A civil deposition is part of the discovery process in civil litigation. A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit.

LegalMatch Can Find You the Right Civil Deposition Attorney!

There are many factors that go into finding the right civil deposition attorney like education, experience, and any history of misconduct. That's why LegalMatch streamlined the entire process so you can find out everything you need to know to make the right decision for you.

Commonly Asked Questions

Litigation costs are all the expenses made during a lawsuit. Discover when defendants must pay your litigation costs and more here !

Consumer Satisfaction and Success Stories

"I will be recommending this site to many of my friends and family. Thank you!"

Can you file a claim against your parents for negligence?

You may have a claim against the child's parents for negligence. If they own a home, then its more than likely that their homeowners insurance policy will provide coverage if you file a claim.

What is the legal cause of action?

The legal cause of action you are discussing is "intentional infliction of emotional distress." They are traditionally fairly difficult cases to prove, and you must have significant measurable damages. The behavior of the offender must be "outrageous." From what you describe above, it does not sound promising. However, your best option would be to sit down with an... Read More

Did your mother teach you that sticks and stones will break your bones?

Did your mother teach you: "Sticks and stones will break my bones, but words will never hurt me." I don't know if you are a man or a woman but it really shouldn't matter. (1) You could definitely file for a "civil harassment restraining order," meaning she could then face criminal charges if an order is granted and she continued to harass you when you are merely doing... Read More

What is the process of a civil case?

In civil cases, your lawyer might propose mediation , a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Do attorneys have conflicts of interest?

Attorneys in every state have an ethical obligation to advise you of any conflict of interest. Still, you should ask the question. If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly ...

How can a lawyer save you money?

Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. 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.

What is contingency fee?

In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.”. This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees.

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 is a deposition in a civil case?

As any lawyer should know, the deposition is a key part of the “discovery” portion of a civil lawsuit. It is comprised of a question and answer conversation between an attorney who represents one of the parties in a lawsuit and a witness who has information that may be helpful in the suit. Depositions are recorded by a court reporter ...

Is sexual harassment an issue in wrongful termination?

In many cases of wrongful termination, sexual harassment is an issue. In this type of case, the plaintiff’s supervisor (as in the recent case of Roger Ailes at Fox News) is often the harasser. To help support the plaintiff’s case, it would be wise to depose the supervisor and ask questions that test that person’s credibility.

What is civil litigation?

Civil litigation is the process of one person, company or other legal entity, suing another person, company or other legal entity for money, or to protect some other legal interest. In the context of civil litigation, they are referred to as “parties” to a lawsuit. Federal and state civil judicial systems are governed by a sets of rules, which outline the parties’ procedural rights and remedies while involved in civil litigation. [Federal Rules of Civil Procedure (FRCP); and South Carolina Rules of Civil Procedure (SCRCP)]. The state and federal systems are very similar in structure and procedure. In fact, most state rules of procedure closely follow the federal rules in many respects, with local rules of court varying from state to state.

What does a court reporter do?

In addition, the court reporter records and transcribes everything that is being said by the persons in the room, usually the attorneys and witnesses on record at the time of the deposition.

How are federal and state courts similar?

The state and federal systems are very similar in structure and procedure. In fact, most state rules of procedure closely follow the federal rules in many respects, with local rules of court varying from state to state. Once involved in a civil lawsuit, the parties are entitled to engage in “discovery,” to gather information ...

Can a deposition be used to impeach a witness?

Depositions Can be Used to “Impeach” a Witness . If a witness at trial testifies inconsistent to his or her earlier deposition testimony, attorneys are able to make reference to specific testimony, citing page and line numbers in deposition to “impeach” witness credibility.

Can a deposition transcript be read to the jury?

If a witness whose deposition was previously taken for the purpose of discovery, disappears or is unavailable for various reasons, the court can allow the written deposition transcript to be read to the jury, in lieu of the witness appearing at trial. However, the “unavailability” has to be due to the witness not showing up when subpoenaed, or for some other reasonable outside of the control of the attorney calling the person to testify. In other words, an attorney cannot simply tell his previously deposed witness to not show up to give his or her side of the case an advantage at trial

Is a deposition of a person exactly alike?

Because each case involves different facts, no deposition is exactly alike. However, there is a consistent pattern to depositions. For example, the following is a basic outline for an auto collision deposition of a person who has been injured in an auto collision:

How long does a deposition last?

A deposition can last for a few minutes, or several hours, depending on the testimony involved. It all depends on the complexity of the subject matter. For example, someone who witnesses an event will take less time to depose that an expert witness who has reviewed hundreds of documents to form opinions about issues in the case.