Articles Posted in Hiring a Lawyer

I was hurt in a boating  accident. I talked to a lawyer and he sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses he incurs in prosecuting my case and that interest accrues on the expense money.  Is that normal?

It is normal for an attorney  handling a contingency fee case to ask the client to re-pay the attorney for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for an attorney to charge interest on the expense money they advance for case expenses, although it seems like more and more attorneys are doing it.    

The lawyers who charge interest may have a contract with a private company that charges them interest on case expenses, and then the attorney passes the interest that he or she pays while the case is pending onto you as their client.  The interest rate may be very high – much higher than the “prime rate.”  The lawyer does not profit from this practice, but simply passes the cost of the interest on to you.  Sometimes there are additional fees associated with this service that are passed on to you.

I was hurt in a car wreck.  How do I find the best lawyer to help me with my case? 

We have written a guide to help you understand the factors you should consider in determining who you should hire as a personal injury lawyer.  Read it here.

I was hurt in a car wreck in Tennessee.  How do I find the best lawyer to represent me in my case?

We have written a guide that provides an extensive list of factors that you should consider when deciding what lawyer to hire for your  personal injury case.   We believe that you will find it very helpful in finding a lawyer who help you get the best result for your case.

I was hurt in a car wreck about a year ago.  I hired a lawyer and signed an agreement to pay him on a contingent fee.  Now, he wants me to sign a new agreement.  What should I do?

Is there a difference in the terms of the agreement?   Is the difference material?  

Technically speaking, your lawyer must complete the job he was hired to do under the terms of the original agreement.  However, sometimes circumstances can change and it your lawyer may seek to re-negotiate the agreement.  Whether you should agree depends on the circumstances.

What is the significance of Martindale ratings in determining what lawyer to hire in a personal injury or wrongful death case?

The Martindale publication has been around for many decades and assigns ratings to law firms and lawyers based on votes cast by other lawyers in the community.   

Law Offices of John Day, P.C. is recognized by Martindale  as a Preeminent Law Firm. John  Day earned an AV rating, the highest rating available, in 1993 at the age of 36 and held that rating for over 17 years. The rating system has now changed and John’s rating is “Preeminent,” with a rating of 5.0 out of 5.0, the highest possible rating.  Brandon Bass, another lawyer in the firm, also has a rating of "Preeminent," with a rating of 4.9.

I have interviewed a lawyer from out-of-state and she explained that she will have no problem representing me in Tennessee because she has a private plane and can be here in just a couple hours.  Should that concern me?

Some lawyers use the fact that they have private planes as a marketing tool. If you hire such a lawyer, make sure you understand how much you will be charged for use of the private plane during your case. Private plane expenses can be much higher than commercial air travel or ground travel, and you need to know how you will be charged for these flights. Responsible lawyers who use private planes in their law practice will charge you only the cost of what a commercial airline would charge for a pre-purchased, coach ticket on a commercial airline for the same flight.  

I was involved in a wreck with a big truck. I know I need a lawyer but I don’t know what lawyer to hire.   What are the factors I should consider in hiring a personal injury lawyer?

I suggest that you look our Legal Guide titled "How To Hire A Personal Injury or Wrongful Death Lawyer."

This Legal Guide is a very comprehensive list of factors that lawyers consider in determining which lawyers they should seek out when they need assistance with a complex personal injury or wrongful death case. We think that you will find this Legal Guide very helpful. 

I was hurt in wreck with a truck.   I talked to a lawyer and she sent me a proposed contingency fee agreement.  The agreement says that I have to pay the expenses she incurs in prosecuting my case and that interest accrues on the expense money.  Is that normal?

It is normal for a lawyer handling a contingency fee case to ask the client to re-pay the lawyer for the money spent on case expenses out of any settlement achieved in the case.  It  is not normal, however, for lawyers to charge interest on the expense money they advance for case expenses, although it seems like more and more lawyers are doing so.   

The lawyers who charge interest may have a contract with a private company that charges them interest, and then they pass the interest that they pay while the case is pending onto you as their client.  The interest rate may be very high – much higher than the “prime rate.”  The lawyer does not profit from this arrangement, but simply passes the cost of the interest on to you.  Sometimes there are additional fees associated with this service that are passed on to you.

 I am sure my case is going to settle soon. Can my lawyer lend me money toward the settlement I know I am going to receive?  I have lots of bills and the lawyer has said he will help me with some of those bills and I can pay him back out of my settlement?

No.  In Tennessee it is unethical for a lawyer to loan you money while he  is representing you in a case.    

Many personal injury victims have problems keeping body and soul together while their personal injury case is pending.  Many lawyers feel bad for the client and want to help them.  Indeed, from time to time we hear rumors of some lawyers actually offering potential clients money to persuade the client to employ them to handle their case.