When do I need a lawyer?

Good question, and the answer is “not always.” There are times when you can handle simple matters on your own. For small property damage claims with no personal injury, you probably do not need a lawyer. However, for any claim involving a personal injury, it is unwise to attempt to handle your own claim. For better or worse, our system of justice is imperfect – and very complicated. Lawyers with the right kind of experience frequently deal with liability, causation and damages issues. They also know what you can expect – and how you deserve to be treated – by opposing counsel or an insurance company. Kalkstein & Johnson is proud to provide complete representation and handle every aspect of the case – including medical bill issues, insurance adjusters, witnesses, and opposing counsel.

If you don’t need us, we’ll tell you. We’re busy enough without taking on clients or cases that don’t need us.

What type of lawyer do I need?

Lawyers are like doctors – they specialize in different things. For example, Kalkstein & Johnson specializes in personal injury and insurance coverage cases. We don’t do tax law, estate planning or family law because we choose not to.

No matter what kind of issue you have, you might want to consider doing some comparison shopping. Search for lawyers that specialize in the legal area for which you need assistance – for example, a personal injury attorney for a personal injury, an employment law attorney for an employment law issue – and make a list of several that appeal to you. Contact each lawyer and ask him or her questions about their experience, your case and whatever other issues you care to discuss. Often, we prefer to meet in person rather than discussing your situation over the phone. 
All initial consultations at Kalkstein & Johnson are free. An initial consultation should always be free, no matter where you go.

Some of the things you may want to ask the lawyer when you discuss your case include:

• How much experience do you have with legal issues similar to mine?
• How recently have you handled a case like mine?
• How was it resolved? (Went to trial, settled out of court, etc.)
• What was the result? (Did you win the case? Did you lose?)

Feel free to take notes during any meeting and make your decision only after doing your homework. Of course, sometimes you will just "click" with an attorney. When that happens, trust your instincts. You don't need to meet with several lawyers for the sake of meeting several lawyers.

How should I prepare for my meeting with the lawyer?

Before the meeting, take down some notes about your situation so that you can easily go over the important points with the lawyer. You will want to bring the names, addresses and telephone numbers of everyone connected with your case – including witnesses – as well as all documents that you have collected. Some lawyers may ask to see the papers before the meeting, and that’s okay. If the one you're meeting does, arrange to drop off or fax the materials ahead of time so that he or she has an opportunity to go over it before you meet.

How do I know which lawyer to hire?

This is entirely up to you, but by the time you have met with your possible choices and thought it over, at least one should stand out. Ultimately, it all depends on how you feel. Any meaningful relationship is based on trust, and at this point, you should trust your instincts. Were you comfortable with his or her answers to your questions? Did you get direct answers, or did you feel like you were attending a White House press briefing? If the lawyer has handled cases similar to yours, are you comfortable with the results obtained? First and foremost, base your decision on your comfort level with the attorney and how well he or she can handle your case.  If you want an attorney who is male, female, old or young, that’s your
choice – but talent and ability should obviously be at the top of your list.

What other things should I ask or consider before hiring the lawyer?

You’ll want to make sure that you have gotten straight answers to all of your questions, no matter how big or small. If you do not understand everything the lawyer tells you, ask for an explanation in simpler terms. Inquire into how long the lawyer thinks that your case might take, what steps will be involved in preparing it and taking it to trial (if needed), what may expected from you in further preparing the case, and how you will be charged for the lawyer's services. Among the things you should also ask the lawyer is whether he or she will work on your case personally or have another member of the law firm handle all or part of it. If a second lawyer and/or other member of the firm are involved, you should meet with them, too.

Also, keep in mind that most legal cases are not "sure things." Be wary of any lawyer who ‘guarantees’ amounts or results. Any lawyer who guarantees anything more than his or her best efforts should be avoided. Opinions are fine.  Guarantees are not.

These are some sample questions you may want to ask yourself before making the final decision:

• Are you comfortable enough with the lawyer's style and demeanor to work closely with him or her?
• Does the lawyer have the experience and skill necessary to handle your case?
• Do the lawyer's answers to your questions and explanation of your case seem clear and logical to you?
  
• Is the fee reasonable and justified?
• Is the fee agreement in writing, and does it expressly identify what is covered and what is not?

If your answers to these questions are all "yes," chances are you should hire this lawyer. If not, you should continue looking for another lawyer.

Will my lawyer handle everything, or should I help?

This depends entirely upon the arrangement and relationship between you and your lawyer. Initially, you may be able to help by gathering additional documents or other materials, and by identifying and/or contacting witnesses that the lawyer might interview. Be certain to give the lawyer as many details as you can about your case and report any new developments right away – even if you feel the information is potentially harmful or unimportant. The lawyer may be doing the vast majority of the work, but the lawyer-client relationship should always be a “team” approach. Otherwise, it won’t work.

If you have any questions as your case moves along, call the lawyer. Your lawyer should always promptly return your calls – just keep in mind that “promptly” is a relative term and if your lawyer is very busy, you may have to wait a day or two for a return call on routine or non-emergency matters.

How does a lawyer set the fees I'm charged?

Typically, personal injury lawyers work under a contingency fee agreement. It means that you will pay the lawyer a certain percentage of the money you receive if you win the case or if you settle it out of court. If you lose, the lawyer does not receive a fee. However, you will still have to pay any court costs and other expenses that are involved. Depending on the circumstances, these costs can be quite high. In some cases, the lawyer may use the money you receive from the case to pay some of these additional costs for you when they are due. Be sure your contingency agreement spells out the percentage the lawyer will get and how costs will be handled.

Lastly – beware the lawyer who wants to take your personal injury case by the hour. Almost without exception, personal injury cases are taken on a contingency basis. If a lawyer suggests that he or she should take your personal injury case on an hourly basis, ask that lawyer why a contingency fee arrangement isn’t the appropriate way to go.  Some lawyers will try to bill clients by the hour for personal injury work they don’t deem particularly lucrative.  If a lawyer isn’t willing to take on any risk when he or she takes your case, chances are they don’t strongly believe in it.

Should I get the fee agreement in writing?

Yes. A fee agreement should always be in writing. It is very important for you and your lawyer to agree about what you will pay the lawyer, as well as what services are and are not covered under the agreement. This way, both of you will know what to expect from each other as you work together on your case.

What’s the best way to ensure a good relationship with my lawyer?

No matter what happens, you should be able to speak frankly with your attorney and expect the same in return, and understand the parameters and scope of your relationship. Here are a few of the basics:

• Confirm that you and your lawyer have the same goals, and that your expectations are realistic. A lawyer isn’t just a “yes” person. A lawyer is a counselor. You should feel that your lawyer is giving you his or her straight opinion, not just what you want to hear. If you’re only hearing what the lawyer thinks you want to hear, prepare to be sorely disappointed when your case is settled or tried.
• Make sure you understand and are comfortable with the lawyer's working style. If you don’t like it, find someone else. Otherwise, the relationship will be a difficult and painful one.
• You should have a relatively clear picture of approximately how long your case will take, when to expect significant developments, and when and how often the lawyer intends to contact you with updates.
• Be certain to provide the lawyer with all the information and documents necessary to understand and properly assess and prepare your case.
• Make sure that you provide information about any new developments that take place on your case, even if you think they are unimportant or could be harmful. It could be important to your lawyer and the failure to openly communicate could undermine your case.
• Confirm that you understand and agree with the lawyer's billing practices including what type of fee you will be paying (fixed, hourly, retainer, contingency or statutory fee) and what additional costs will be borne by you.