Merriam-Webster defines a lawyer as: one whose profession is to conduct lawsuits for clients or to advise as to legal rights and obligations in other matters.
The process of conducting a lawsuit or advising as to legal rights and obligations, there is a structure that lawyers follow. I consider it more of a guide to winning and has little to do with being personable or offering advice outside of the scope of their task.
There is no absolute win but more a dance of compromises to get a reasonable result they feel will establish their efforts to represent you to the best possible outcome. Don’t forget it is one lawyer against another and each wants to have the best possible outcome.
The chat world is full of stories on how well someone did in their lawsuit while others feel they have the same circumstances and should have done better and thus Good Lawyer versus Bad Lawyer comments.
Lawyers are no different than any other working person in the real world. Some are exceptional and ply their trade with various levels of expertise while others are content to check the boxes and do the minimal required, in most cases, everyone gets paid.
The lawyer you have chosen to represent you in your accident claim is typically doing it on a contingency basis as opposed to everyday legal work that is billed by the time allocated to your file or a service, such as a will, for a predetermined amount.
I can only assume that billing by contingency is difficult because the lawyer must be careful not to spend too much time on your file and exceed the profit margin they expect. The lawyer will not want to hear from you unless necessary and will let you know what is required only as it arises, there is nothing proactive. Time is money and they have taken your lawsuit on to make a projected amount of profit.
Caution do not leave all the responsibility of settling your lawsuit totally up to the lawyer as they will miss things over the years it takes to settle.
How can you assist your lawyer and ensure you receive an adequate settlement?
- You need to keep a daily log of how you are feeling, emotions you are experiencing and problems you are facing in living your life because of the accident. It does not need to be a novel, but a good reference should someone ask you how you felt several months ago which will happen. Your memory will fade over time and a journal of your life can assist the lawyer at some point in the journey.
- You need to keep a log of all your meetings, appointments, and items related to your lawsuit. Date it, location it, name the person you’re meeting with, reason for meeting, mileage you travelled, and expenses incurred to reach an outcome. Depending on your injury classification, you are entitled to reimbursement. The expenses your insurance company will not cover can be recovered from the defendant’s insurance company at time of mediation.
- You need to keep a log of interaction with your lawyer and any concerns you have with their service. When you receive the final bill for services rendered, you want to ensure the lawyer representing you is paid appropriately.
- Lastly, remember, your lawyer is not there to console you, give you investment advice, tell you how to live your life or do anything that does not relate to conducting a lawsuit or advising as to legal rights and obligations. Yes, you will find arrogance and indifference when dealing with a lawyer but do not alienate them as they will not work as hard for you if they dislike you.
The above information is the opinion of the writer based on personal experience.