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What if you lost a case that your lawyer said was a winner? Be wary of an attorney who says that a case can't be lost. Smart, experienced, honest lawyers know better. No lawsuit is a sure winner for either side. Remember that your attorney is required to be competent, loyal, honest, and to represent you zealously within the boundaries of the law. Meeting all these standards, he or she still might lose. Even great lawyers lose cases.

However, it's possible your attorney lost or bungled your case because he or she failed to satisfy or follow the procedures or laws that applied in that particular action. In an extreme case, you may have a legitimate malpractice claim. At this point the last thing you might wish to do is hire another attorney. However, you'll need a lawyer to bring a malpractice case against another lawyer. Look in the lawyers.com directory for legal malpractice lawyers in your area.

Can you fire your lawyer? You're the boss. If at any time you're unhappy with your lawyer's services, you can fire your lawyer. You can fire a lawyer regardless of your fee agreement and even if your case is pending in court. Your attorney is entitled to payment for services rendered up to the time of dismissal, in accordance with your fee agreement.

Be aware that firing a lawyer after a suit has been filed usually requires the court's permission. If the case is close to trial, the court may be reluctant to grant permission for dismissal if it'ill delay the proceedings unless the court finds you have good cause under the circumstances to discharge your attorney.

Keep in mind that under the law of some states, the attorney you fired may be allowed to keep your file until you've paid your bill. When you hire a lawyer, ask him or her about the applicable law in your state.

What if your lawyer isn't answering your phone calls? Ignoring phone calls is rude and unprofessional. Besides, your attorney is obligated to communicate with you and keep you advised of the progress of your case. The frequency of that communication and the form it takes will vary according to your case.

Before you decide that your attorney isn't communicating adequately with you, ask yourself if your expectations are reasonable. Expecting your attorney to talk to you for an hour every week about your case will cost you money if you're being billed at an hourly rate. Regular phone calls are also unnecessary if your attorney has no news to report. Remember, an attorney represents many clients simultaneously and must allocate her time to keep legal costs down without compromising work quality.

What should you do if you think your lawyer has acted unethically? Lawyers who have acted unethically face a variety of sanctions from censure and suspension, to disbarment from legal practice. If you feel that your lawyer has acted improperly or unethically, contact the Lawyer Disciplinary Agency in your state and file a complaint.

Keep in mind that if your attorney used your money in an unethical way, a disciplinary action won't get you your money back. These proceedings punish unethical lawyers but don't necessarily provide a financial remedy to a wronged client.

What should you do if you think your lawyer has overcharged you? Review your fee agreement and the bills your attorney has sent you. All charges should be consistent with your agreement. If you have questions about particular charges, ask your lawyer. Frequently, charges make more sense after a brief explanation.

If you can't resolve your questions regarding fees and charges with your lawyer you may want to have your bill reviewed by an attorney organization that will evaluate it for fairness. Some states offer fee arbitration services for clients.

Finally, nothing stops you from hiring another lawyer to resolve the matter, possibly through additional litigation.

How do I find a qualified lawyer? If you know any lawyers practicing in another area of law, ask them for a referral. Also speak to friends and family. Some local bar associations make referrals. The Memphis Bar Association does not. Do not rely on one person. Feel free to interview several lawyers. Generally, the attorney will agree to meet with you for a consultation and you will pay a fee for just the meeting. Certainly, choosing the lawyer who will help you through your divorce is a crucial decision. You will want to make sure that you feel a rapport with the individual you choose to become your lawyer.

How can I prepare for meeting with a lawyer? Make a list of questions that concern you most for the initial consultation. At your initial interview you can expect to learn things you need to know in addition to what you want to know. It may also be helpful for you to gather certain documents in preparation for your first meeting with your attorney. Locate and copy your important documents, including:

financial statements,
income tax returns,
bank statements (business and personal),
canceled checks,
brokerage or retirement account statements, and
employment contracts, particularly if related to a business interest.

At the end of your first meeting, you will be provided with a list of other documents to copy and bring for the next meeting, as well as receive forms to fill out regarding assets, debts, income, and expenses.

Lawyer Retainer: What Does It Mean Pay Only If You Win?

Generally, this means the attorney will accept your case but will not receive any fee unless your case is successfully completed. The amount of their compensation is a percentage of your award. It is important to ask the attorney what their percentage is before and after legal expenses are subtracted. By law, when an attorney is retained under a contingent fee agreement the “contingency” does not cover the expenses. This means that the client must always be responsible for case expenses regardless of the outcome. The attorney is permitted to advance these expenses but must be reimbursed at the end of the case. You should always have a written fee agreement with your attorney. This can be a document you actually sign, or a letter from the attorney setting forth the fee arrangement.

How Much Will It Cost To Hire A Lawyer Attorney?

Before you meet with the attorney, ask about their fees. Most attorneys have retainers. A retainer means a deposit or down payment, held in trust, to be applied against hourly fees. Most attorneys charge by the hour. The hourly rates among attorneys vary depending on the type of work and their level of experience.

What Type Of Lawyer Attorney Do I Need?

There are general attorneys who perform a wide range of different legal services. There are attorneys who act more as specialists in different areas of the law. Choose an attorney who is able to practice in the judicial system you desire and is highly experienced in the technical area of your lawsuit.

What Should I Understand Before Filing A Lawsuit?

A lawsuit is an adversarial action a threat to someone’s well-being. Before filing a lawsuit, explore these considerations before and after seeking professional legal advice.

1) Do you have a good cause/reason and a good case? Even if you think you have a good case, take some time to think about whether you can win the lawsuit. Unless you have another agenda, the intent of filing a lawsuit is to win and gain a settlement of some kind.

2) Do you have material evidence to prove your case? Hearsay and speculation are just what they are. Review the material evidence you will use to prove your case, including documents, objects, records, witnesses and so on. Determine whether the evidence you think you have exists and, if so, determine where it is. Is it in your possession? If not, do you have knowledge of it’s whereabouts? Do you have access to it? Is there a chance that the evidence will spoil, decompose, deteriorate while you are awaiting trial?

3) Determine whether there are witnesses who will help prove your case. Was there anyone who observed first-hand to verify the issues of the lawsuit? Are there witnesses who can testify about the different types of evidence you will present at trial? Will any of these witnesses be willing to testify on your behalf or would you have to summon them to court? Is there a witness that needs protection or is poor health or is about to move to a different location who would be unable to testify for you in court? Can you lock in witness' testimony through an affidavit or declaration?

4) Determine the money you will need to bring the lawsuit to court. Do you have the money to pay expenses for filing fees and costs; money to cover earnings lost while you pursue the lawsuit, litigation-related fees and attorney fees. Is there anything about your lawsuit that would qualify you for any aid in paying for representation? Are you covered by insurance for the matter of the lawsuit?

5) Consider whether you have the time and physical/emotional energy to pursue a lawsuit. The average time is 2-5 years from start to finish. Whether or not you hire an attorney to represent you, you will be either representing yourself or aiding your attorney in your representation. Either way, you will have to spend a considerable amount of time and energy pursuing the lawsuit. Not only will a lawsuit consume a great deal of your energy, it will also likely be an emotionally draining experience.

6) Will the defendant countersue? There is always a possibility if you sue someone that they will sue you back (countersuit). If this occurs, not only will you be committing the time, energy, and money to your own lawsuit, but you will also be spending time, energy, and money defending a lawsuit.

7) Consider whether you will be able to collect on a judgment if you are successful in court. It rarely makes sense to file a lawsuit if you know in advance that it is unlikely you will collect on a judgment. Conduct an investigation of the party you wish to sue to determine what types of assets are available to satisfy any judgment you might receive.

8) Check whether your lawsuit is timely. Certain types of lawsuits must be filed within certain proscribed periods of time called statute of limitations. If you are not filing within the proper statute of limitations, your lawsuit will be dismissed. Check to see which statutes of limitations apply and whether you are within the proscribed times.

9) Forget Greed and Revenge. A lawsuit is no guarantee that you have a winning lottery ticket. A more realistic approach to a lawsuit is for reasonable, full and fair compensation to allow you to recover all of your past and future expenses, and compensation for all of your past and future pain and suffering compensation.

10) Before you file your lawsuit, make an attempt to settle your dispute through mediation or arbitration. Consider whether there is any other way to resolve the dispute other than by filing a lawsuit.

What Is The Difference Between Attorney And Lawyer ?

The legal profession has as many variations in titles. The titles: attorney, lawyer, barrister and Esquire are frequently used, sometimes interchangeably. By definition, each has a unique meaning.

Attorney: Generally speaking, an attorney, or attorney-at-law, is a person who is a member of the legal profession. An attorney is qualified and licensed to represent a client within a specific judicial system. By most definitions, an attorney may act on the client’s behalf, hold power of attorney or guardianship, and plead or defend a case in legal proceedings in front of a judge, jury or both. The English word ‘attorney’ has French origins, where it meant “a person acting for another as an agent or deputy.”

Lawyer: A lawyer, by definition, is someone who is trained in the field of law and provides advice and aid on legal matters. The term ‘lawyer’ has English roots. Although the terms ‘lawyer and attorney’ are used interchangeably by many people, there is a distinction. Within some judicial systems, only ‘pre-qualified licensed’ person known as an attorney can present a case in front of the judge. In some cases, a lawyer in one judicial system can not provide legal advice in another judicial system unless he/she is ‘pre-qualified and licensed’ in that specific judicial system. For example, a California-licensed Attorney can not present a case in New York court, unless the California Lawyer is ‘pre-qualified and licensed’ by the New York Bar Association. When ‘pre-qualified and licensed’ within a specific judicial system, he/she becomes an attorney not a lawyer. However, this distinctive terminology is rarely used in the public media or within the legal community.

What Is A Discrimination Lawsuit?

Discrimination has been a grave problem for ages now, furthermore plenty of businesses, employers, and entities find themselves in trouble when they are slapped with ongoing discrimination lawsuits. Although there are laws that have prohibited being discriminated against for decades, it is still continuing to play a big factor in legal systems. The best way we can address this dilemma is by simply avoiding them at all costs, and doing right by adhering to the laws that protect and defend discrimination .

Discrimination lawsuits involves many different factors. One can be discriminated by race, color, religion, pregnancy, gender, age, religious beliefs, disability, and national origin. There are both federal and state laws that regulate and prohibit discriminatory practices and actions. It is also wise to understand what grounds is considered discriminatory action, and be aware of the laws in detail to avoid unnecessary lawsuits from actions you may consider harmless but another may find offensive and discriminatory. It isn’t difficult to slip up and find yourself in trouble. Here are a few ways that you can try to avoid discrimination lawsuit:

Have strategic guidelines in the workforce that explain, define, and emphasize the importance of non- discrimination between coworkers and develop procedures that prohibit and prevent adverse actions including your own and how you treat your employees.

Do not ever mention or intentionally act negatively or discriminate, favor, or indicate an individual’s age, religion, disability, limitations, race, sex, or origin in any context. Always refer to things such as work performance, attendance, and work ethics.

Always treat an individual fairly and equally without consideration of any discriminatory actions, words, or principles. Post jobs for all, accept all type of customers, and mind your employees and coworkers use the same policies.

Never single anyone out because they are older, of a different race, origin, sexual nature, or pregnant.

Understand the severity of a discrimination lawsuit, and see to it that no one or anything violates the laws that protect against it.

In the workforce initiate, enforce, and regulate a very explanatory discrimination policy in your handbook. Make sure that all adhere and present consequences for violations of the policy you have established.

When a negative event occurs, make sure you follow the book in regard to an individual who I pregnant, disabled, older, of different race, or gender. Reprimand and discipline them as you would any other employee.

Prohibit sexual harassment and do not ever make remarks, touch, or take the risk of harassing anyone and enforce this rule to all employees as well. Let them know these actions will not be tolerated.

Document every action that is made from dealing with potential risks and liabilities, disciplinary actions taken, and such things as poor performance, tardiness, attendance, and negligent behavior. Also time stamp and get signatures of all parties involved.

Understand all laws relevant to the different types of discrimination lawsuits that can occur and assess the circumstances in which they occur to prevent and avoid one.

A discrimination lawsuit can be filed at anytime without any regard to your true intentions. It is best not to waiver on unquestionable lines of your actions. Always follow through with any doubted circumstance with professional and non-discriminatory behaviors. Protect yourself from being vulnerable and walking right into a discrimination lawsuit that you really do not want. Instead take the appropriate steps to make certain that it won’t happen to you or to anyone else that you are in contact with through your business or company.

What Is A Malpractice Lawsuit?

In this day and age it is a lawsuit happy world, although there are many unfortunate circumstances that arise that mandate these lawsuit legal actions. This is especially true for malpractice lawsuits. The medical field is full of situations that can stray from a positive outcome. Mistakes occur and can often be quite extensive or even fatal. That is why filing a malpractice lawsuit can be a very intricate process. The lawsuit claims can include health care providers, physicians, nurses, hospitals, agencies, and other professionals that practice in the health care industry.

A medical malpractice lawsuit is valid when a health care entity endangers, harms, or kills an individual due to negligent decisions, actions, and behaviors. Malpractice laws vary from state to state, and internationally. For this reason most medical professionals practicing in any health care niche are required to carry liability insurance. Liability insurance helps to decrease costs and deter the risk associated with a malpractice lawsuit. There are many circumstances where a physician can become liable for malpractice claims. Here are a few examples:

Cosmetic surgery is botched. A doctor claims to fix someone’s nose and instead ends up injuring their sinus cavities or worsening the appearance of their nose on their face.

Prescribing questionable drugs. Some doctors can prescribe drugs that have not been tested this scan result in harm, heart-attacks, stroke, death, and other harm to an individual.

Surgical errors. Operating on the wrong organ, damaging an individual through a surgery by cutting into something that was not part of the surgery, and injuring the person worse than the intended surgery indicated.

Anesthesia errors. Wrong doses given, allergic reactions that were present and warranted, or given someone too much which resulted in death. Failing to define condition that may react adversely under anesthesia.

Birth injury. Some births can end up with the caregiver making a wrong decision. This can cause malformations, death, Erb’s palsy, or Cerebral palsy.

Burn therapy. When a burn victim is negligently treated it can result in loss of tissue, infections, and even death. This may be a good cause for filing a malpractice lawsuit.

Failure to diagnose. In some situations medical professionals can fail to diagnose conditions such as certain cancers, diseases, and illnesses that symptoms indicated warranty of measures which could have resulted in catching the illness and perhaps preventing death.

Nursing home abuse. This is a very popular case in which a malpractice lawsuit is filed. This can be brought upon an entire nursing home or staff in which an individual was physically, emotionally, or financially abused.

Wrongful death When a malpractice lawsuit is filed, it could include wrongful death when an individual has passed as a direct result of the negligence of a medical professional or facility.

Improper procedure. Improper procedure may include action such as not making a proper decision to treat a patient, failure to get permission for a certain treatment, and other mistakes that result in undue harm to a person.

If any of these have occurred to you or a loved one, you should consult a lawyer attorney to see if you have a valid case. You may be entitled to compensation for damages and expenses suffered as a result of a medical professional’s negligence. Although, it is important to understand that malpractice lawsuit s can take many years to settle. In addition, malpractice lawsuits may have limitations on the time-frame in which they can be filed.

What Is A Personal Injury Lawsuit?

Well it is certain that you may be familiar with the words personal injury lawsuit. There are many lawyers who advertise their services on TV commercials, and who specialize in personal injury lawsuits. However, what exactly is a personal injury lawsuit, how does it work, and when can a person file a personal injury lawsuit? First of all, personal injury lawsuit entails an individual who has experienced some type of injury or harm because of another individual or entities negligence. This could be an auto accident of some sort, simply breaking limb by falling on someone’s or businesses property because of it not being properly maintained, or simply harm that has occurred in some other manner.

A personal injury lawsuit is mainly filed to receive some sort of restitution or compensation for damage that has occurred resulting in medical costs, loss of wages, and pain and suffering. An accident that could have been very well prevented or would not even have occurred if the party had not been negligent in some way or means. There are a few things that indicate that a person’s particular circumstance can be valid enough for it to ensue in court. Here are a few steps that can be taken to assure one’s stance in a personal injury lawsuit case:

If you think about it at the time of the accident or injury, it may be wise to document everything a it occurred by your own means and by involving an law enforcement officer. Take picture of the injuries the circumstances that led to the accident and everything that happen immediately before and after. Include doctor’s account, medical proof of treatment, and anything else relevant. This will help better establish your case. When witnesses are present be sure to exchange contact information so that if they need to be called on later you will have that edge in the lawsuit case.

Consult a lawyer attorney as soon as you can. Most personal injury lawsuits are subject to time limitations in which they can be filed. These vary in each individual state. You can check your states statute of limitations and make your decision based upon that explicit fact.

The lawyer attorney representing you will ask questions and evaluate the evidence to see if it qualifies under both conditions one must have to make a personal injury lawsuit claim, legal grounds for action and a substantial claim must be present.

You can choose to have your legal case determined and resolved by the court system or in most cases through alternative dispute resolution methods such as arbitration or mediation.

Any personal injury lawsuit can be settled out of court, during court, and after a court hearing.

To qualify to file a personal injury lawsuit you must have sustained a viable injury that constitutes legal action.

In most situations of personal injury an individual is entitled to compensation, however there are cases that may rule against an award when good cause is not presented.

The best thing you can do if you have been injured in some sort of accident as a result of someone’s negligence is to consult with a lawyer attorney to see if you have a viable case, and they will be able to make the necessary action to get your case established and processed accurately. Just remember- personal injury lawsuits can take some time in court systems, although the likelihood of you being awarded some sort of compensation is probable.

Should I be represented by a lawyer? Litigation can be complex. Real estate law, debt refinancing, insurance, pension, other retirement asset division, child custody and support, taxes, and business ownership division can pose unique problems to any particular case. Your lawyer can help you determine which of your assets are marital property and which are separate property. Your lawyer can advise you as to how the court might divide that property in the event of a trial. Additionally, your lawyer can advise you on how much money, if any, you should accept or offer for maintenance or child support. There is no such thing as a "standard" case. You will find generally that at least one of your friends or co-workers obtained a divorce or defended a case without a lawyer, and still regrets it.

What factors are most important in your choice of lawyer? Your confidence in the lawyer, experience, accessibility, responsiveness, compatibility, style, negotiating skills, reputation, and fees. Also, learn whether the lawyer practices only family law or practices in other areas as well. Family law is as much a specialty as any other. Ask the lawyer whether he or she is a member of the local, state, and American bar associations' family law sections. Family law changes and evolves, often dramatically each year. Membership in outside organizations demonstrates the lawyer's commitment to continuing education and keeping abreast of the many changes and development of family law.

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