Why might I need a personal injury lawyer?

If any of the following situations occur, you might need a personal injury attorney.

• If you think a personal injury has been committed against you
• If you're in an auto or motorcycle accident bigger than a fender-bender
• If you're being sued by a person or insurance company for an injury

• If you want to sue someone for an injury to you or a family member
• If you feel a company has sold you a defective product that has resulted in an injury
• If you have an elderly relative who has been harmed, abused or injured in a nursing home or by a caregiver
• If you or a loved one have been bitten by a dog
• If you have been sexually harassed at work
• If you have been physically injured at work, or on public property, or in an established business

With over 130,000 California lawyers to choose from, you may need:

• Recommendations from friends, loved ones, co-workers, professional acquaintances
• Suggestions from other lawyers
• Guidance from bankers, ministers, doctors, social workers and teachers
• Referrals from certified legal services
• Yellow page or newspaper advertisements
• Search engines on the Internet
• Joint advertising groups (for example groups of lawyers with an 800 phone number) · Nonprofit public interest groups
• Local bar association
• Free legal aid agencies (check the white pages of your phone book under the name of your county)
• Dispute resolution or mediation programs
• Pre-paid legal services plans

The California State Bar allows qualified lawyers who have been tested to advertise as "certified" specialists. Here are some areas of specialty:

• Personal injury
• Appellate law
• Family law (divorce, custody, support, etc.)
• Immigration and naturalization law · Personal & small business bankruptcy
• Creditors' rights law
• Elder law

What should I look for in a lawyer's advertisement?

Most lawyers advertise only their name, address and phone number in the Yellow Pages, newspaper ads, radio or TV commercials, magazines, billboards, shopping carts, etc. If you see an ad, be sure to take notes about it as well as write down the phone number so that you can ask questions when you call.

What do I do if a lawyer asks for my business?

Attorneys are not allowed to "solicit" your business so be careful. If you've been injured in an auto accident and are in the hospital when approached by a lawyer asking to handle your case, this is not permitted by a legal code of ethics. If you have a question, call the California State Bar at 1-800-843-9053.

How can I tell if my lawyer and I will have a successful attorney-client relationship?

Here are some simple guidelines to follow. Make sure you:

1. Have the same goals for your case.
2. Understand and be clear about your lawyer's style of working.
3. Get a clear picture of your case's time frame.
4. Give your attorney all the information and documents he/she needs to present your case.
5. Have a good understanding of your lawyer's billing practice.
6. Express your questions and concerns as they come up and listen carefully to the answers.

How closely will I work with my lawyer?

Every case and lawyer will, of course, be different. Here is a list of things you can work together on:

• Getting evidence and papers lined up
• Keeping your lawyer up-to-date on any new developments, even if it seems like it could harm your case
• Finding out the various steps needed to prepare your case
• Sending copies of important documents to your lawyer
• Talking about the length of your case and how often the lawyer will report to you
• Understanding the court's timetable
• Discussing any questions about the lawyer's charges or fees

If you have any further problems with your lawyer, call the California State Bar and ask for their consumer education pamphlets at 415-538-2280 and ask them to send you some. Or, visit their web site at: http://www.calbar.org.

Disclaimer: The material on this Web site is for general and informational purposes only. It does not constitute legal advice. Any kind of settlement, result or verdict described here should not be considered an indication of future results. All cases vary and are individual. Sensitive attorney-client communications should take place in person after setting up an appointment using the phone, fax or an e-mail to discuss the details of your case. No attorney-client relationship exists until you and this attorney have signed a retainer agreement. Links or resources listed on this site are not meant to be endorsements or referrals of any kind. We do our best to keep this Web site up to date. If you notice any errors, please let us know by e-mail.

Copyright 2003-2006. The Law Office of Attorney Norman Newhouse, 483 Seaport Court, Suite 103, Redwood City, CA 94063. Phone 1-650-365-8534. All rights reserved. Photos licensed from clipart.com . Written and designed by Marika Ray. E-mail: marikaray@sbcglobal.net.

How do I decide which lawyer is best for my case?

It's always a good idea to do a little shopping first and compare the information you get. Make a list of questions and notes that are important to you and your case before you call. Take good notes when talking to each one. Each meeting may take from 15-minutes to a half-hour.

Here are some general questions:

1. How much experience have you had with problems like mine?
2. How did you handle those cases?
3. Do I have to pay you to just discuss my case?
4. How much do you charge to handle my kind of case?
5. Is the money due up-front or after the case is settled?
6. Will you work on my case personally or assign it to someone?

Before you decide, ask yourself questions:

• Will I be comfortable working with this lawyer and giving him all the details of my case?
• Does the lawyer seem like he has enough experience to diligently handle my case?
• Do I understand everything she/he's said or do I need to ask more questions?
• Does his/her fee seem reasonable?

Yes, you should definitely have your legal fees in writing. You both need to be clear on what to expect from each other. Make sure you get a written copy for your records and don't rely on an oral agreement. Here are some things that you might want in the agreement:

• A list of services to be performed
• Fees you'll be expected to pay
• Other expenses in your case
• An explanation of the lawyer's billing practice, including interest or other charges
• Your obligation as a client (to be truthful, to cooperate, abide by the agreement and pay on time)
• An understanding of who else will be working on the case
• An estimate of the total charges
• Any steps that can be made to reduce fees and costs

How do lawyers decide what to charge?

There are lots of factors that come into play. You might want to consider these:

• The established reputation of a lawyer might warrant higher fees.
• Special skills and experience may lead to a better or faster resolution, thus generating higher costs.
• The amount of time your case may take can vary. Lawyers sometimes have to spend days, weeks or months researching the law, finding and interviewing witnesses, preparing documents and arguments for the trial, etc.

Do lawyers all charge the same kind of fees?

No. There are many different kinds of arrangements that can be made. Keep in mind that unexpected factors may affect the fees you are charged. Here are some of the kinds of charges you may be faced with:

• Fixed Fee-- For routine legal matters, attorneys will often charge you just a "standard" fee or "set" amount. Be sure your written agreement includes exactly what will be done and how it will be billed.
• Hourly fee-- Some attorneys may decide to choose you an hourly fee. Be sure to ask for a written estimate but keep in mind that their fees will be dependent upon their skills, experience and track record.
• Retainer fee-- If you opt for this payment arrangement, make sure you understand the agreement. It could mean that this fee guarantees that the lawyer will be available to take a specific case and will lose other work due to the commitment. In other cases, it might mean he/she is "on call" to handle your legal problems over a certain period of time. Or, it might even mean, you've put a down payment on some specific legal services. In any case, you may be billed for additional time spent on your case. Whatever your circumstance are, just make sure it is clearly spelled out and that you understand all the ramifications.
• Contingency fee-- This is a common type of fee in an auto accident, product liability or other personal injury case when you are suing for money. In short, you will pay the lawyer an agreed-upon percentage of money you receive if your case is resolved favorably either in or out of court. If you lose, the lawyer does not receive a fee. In any case, though, you will have to pay any court costs and other expenses that are involved. Depending on the specifics, the charges can be quite high. The most important thing to make clear is that your written agreement states what the lawyer's percentage will be "before" or "after" the other costs are deducted.
• Statutory fee-- In some probate and other legal work, the fee is set by statute or law. In those cases, the court must approve the fee you will pay. What "out-of-pocket" expenses will I be responsible for? In addition to your attorney's fees and court costs, you may be liable for other costs, even if your case is not successful.

• Certified shorthand transcriptions for testimony at depositions and trials
• Fees for copying and faxes plus secretarial and phone charges associated with them
• Expert witnesses' and consultants' time to testify plus mileage fees
• Court filing fees
• Hourly charges by investigators used in your case plus mileage, meals and lodging · In civil cases, jury fees and mileage (The party requesting the jury must pay these expenses in advance)
• Costs for postage, messengers or couriers
• Fees for process servers · Secretarial time for your case
• Case-related long-distance telephone charges
• Your lawyer's travel expenses while representing you (including gasoline, mileage, parking fees, meals, airfare and lodging)

Many personal injury lawyers work on a contingency basis. However, if you don't have a contingency fee agreement, you wil,l in all likelihood, be billed monthly. If you opted to pay an hourly fee, you will probably want your lawyer to get your permission before spending a pre-determined amount of time on your case so that you can keep your expenses within your budget. It's also a good idea to ask for an itemized bill that lists such things as photocopying, telephone calls and travel costs. By law, an attorney must give you a bill within 10 days from the date you request it.

What if I can't afford to pay my attorney bill?

If your lawyer's bill runs higher than expected, it's always a good idea to sit down and talk to the lawyer to work out a payment schedule over time. If however, you come to a place where you and your lawyer cannot agree on a solution, the lawyer has the right to stop working on your case. If that is the situation, you might ask it her/she can just temporarily postphone working on your case until you're able to pay. If, for some reason, you think you have spotted an error on your bill, you should contact your lawyer immediately and see if you can resolve the problem.