In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy.
“The Nytro Women’s Team is about triathlon but it’s also about women who are empowered and accomplished and are true ambassadors of the sport.” - Julie Dunkle, Captain of the Nytro Women’s Racing Team
Julie serves as the manager of the triathlon team, a position she took over after Leslie Myers’ years-long term. Membership isn’t earned through excellent athletic ability alone. In order to be a full-fledged Nytro Racer, a woman must be engaged in the community and is willing to stretch herself for others.
“Collectively, it’s not about finding women who race fast. It’s about finding women who have what I would call the whole package.” - Julie Dunkle on the Nytro Women’s Racing Team
With over 50 applications in a year, they don’t look into an aspirant’s record of podium finishes. They consider how an applicant can contribute to and represent the sport. That they have sponsors plays a huge part in the selection process as well.
The Nytro Women’s Racing Team boasts of members who come from all walks of life. One of them is in communications, the cheerleader of the team. Another one of them is in the optical industry, who now gives back to the sport by guiding blind triathletes along with another member of the team.
Leslie, Julie’s best friend, is her right hand woman who helps her run the team and make sure they’re all eating healthy. They’re all on different career paths, but a shared love for the sport is what binds them like glue.
“I’m thrilled that we have all these women who are able to step up and help in any way and represent the sport as best possible.” - Julie Dunkle captain of the Nytro Women’s Racing Team
To hear more about this group of awe-inspiring women, download and listen to the episode!
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In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements.
“...You want an experienced lawyer, not a discount lawyer. You want somebody that will get you the max recovery and if that requires a trial, they’ll go to trial.” - Richard Duquette
A contingency fee is a payment structure where you pay your lawyer’s fees out of the total recovery. That being said, if you don’t recover, you won’t pay a penny for the lawyers time. The contingency fee is often 33%, and can only go up to 40% if a lawsuit is filed.
Compared to an hourly fee structure, a contingency fee is a much more consumer-friendly scheme. After all, who can afford to pay a lawyer by hour?
Your attorney advances their time, efforts, and resources so they can build your case without any payment guaranteed. The contingency fee structure allows your lawyer to take the case.
It also benefits you in the long run. From a well-funded law office that will ensure quality customer service and down to a team of qualified associate lawyers who can team up in working for your case and therefore intensify the legal work, you can be certain you get your money’s worth.
These will depend on the case contract. It takes money to make money.
Keep in mind, however, that paying costs out of your own pocket is investing in the success of your case.
Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 3 to learn more about the contingency fee structure and its many pros.
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© 2018 Law Firm of Richard L. Duquette
Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making.
“Remember you get to make the call whether you settle or not, but having a good lawyer and getting to a good lawyer right away makes a big difference.” - Richard Duquette
Fee discounts seem very tempting from the outset. However, you need to tread carefully in order to avoid being deceived. First and foremost, you want to probe for a written, clearly defined fee structure of these discount lawyers.
Why demand a clear fee structure? There are a few hazards that you might overlook if you don’t. You can be lured into saying yes to a discount entailing non-quality service, the risk of getting stuck with a losing case, and false promises of high net recovery.
Riding the coattails of a credible non-profit organization is one of the most common ways by which discount lawyers secure clients. You contact this group referral program and you may be passed to an inexperienced attorney. Some discount lawyers get placements by paying for endorsements or splitting fees with marketing lawyers under the table. Ask for written disclosures of the total fee structure and referral incentives. There are laws that govern “fee splitting” and “referral services”.
This kind of “referral program” will not only hurt your wallet, it feeds lawyers who bear no actual responsibility for your case. They also put you at the mercy of an attorney with no real case interest or responsibility.
Your trial lawyer needs to understand your perspective as a bicyclist so they can convince the jury with your story. How else will they be able to defend your case without knowledge of your personal cycling experience while on the road?
Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 2 to understand better why you shouldn’t settle for discount lawyers
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© 2018 Law Firm of Richard L. Duquette
How to find the best attorney to represent you. In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls.
"This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette
Every case is different and every client is unique. Similarly, you can hire a specific lawyer for your case. The criteria typically aligns with that lawyer's motivation, values, and concerns.
There are several reasons why people hire a lawyer. Among them are the need for guidance, maximum recovery, and more.
What are the things to consider when hiring an injury lawyer? First of all, seek a qualified lawyer. There are inexperienced "marketing" lawyers that abound.
To prevent mistakes in hiring a lawyer, make sure to ask the right questions to your prospective lawyer. You can ask whether he has tried a case before a jury and whether he succeeded. The inexperienced ones will readily give you a set of excuses why you don't need a "trial" lawyer. Beware of them.
Another question to ask is whether the lawyer in-charge of taking your case will go to trial? Trial lawyers are trained to reject low ball insurance company offers and go to a jury trial.
Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 1 to have a good understanding of what you need to find the best lawyer for your case.
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© 2016 Law Firm of Richard L. Duquette
Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy.
"The information between you and your attorney is sacrosanct. It protects you and is worth its weight in gold." - Richard Duquette
In today's day and age, many post information on social media about their crash or bicycle accidents. They openly discuss it with people they connect with. Unfortunately, the same act can actually be a case killer.
Many eyes will be on you, including the insurance companies. Anything you say can be used against you.
There are different ways. Insurance companies could demand your private statements in unprotected emails and posts. Any offhand statements can be used to their advantage.
In the end, they will use any such information. They could also mislead you into settling for less.
A trial lawyer warns you in advance. He will help you avoid mistakes. He will also help you save money and time.
It is often tempting to share your grievances and experiences with others. But without proper caution, it can cost you more than you probably expected.
Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2 to hear about the damages of openly sharing your case and about a strategy you can implement.
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© 2016 Law Firm of Richard L. Duquette
Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast!
"There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette
Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But there are two things to bear in mind. One is the minimal risks and the other is the fact that delays can prejudice the case.
According to the California Rules of Professional Conduct, an attorney has the duty to zealously protect your interests. When you hire him for your case, you give him the authority to act on your behalf.
With a competent attorney by your side, you gain a lot of benefits. It also strengthens your case. He knows when to "strike when the iron is hot, and how to preserve evidence."
The fees for hiring an attorney in personal injury cases are generally on a contingent basis. As the client, you only pay your lawyer if his performance yields positive results.
An experienced lawyer will be able to assess your case early and decide whether it is worth taking. If the lawyer takes your case, both of you are invested in the results.
Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast to hear about the minimal risks and advantages involved in hiring a lawyer quickly. Stay tuned for the second part of this episode series where we’ll discuss the Social Media Pitfalls and Designing a Damages Strategy.
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© 2016 Law Firm of Richard L. Duquette
What to look for in an attorney? How to measure his competence? This is the first in a series of episodes that focus on California Legal Ethics.
"An attorney must competently perform legal services." - Richard Duquette
You can hear from a lot of attorneys in the industry. Unfortunately, not all of them are competent enough to handle a case or to represent a client.
According to People v. Mckenzie (1983) 34 Cal 3rd 616, 631, the duty of a lawyer is to represent the client zealously within the bounds of the law. Competence requires diligence, learning and skill, and the ability to reason well.
An attorney must have the capacity to perform his duties. He has a duty to serve both his client and the legal system.
The California Rules of Professional Conduct (CRPC) 3-110 states, "A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence."
The relationship between a client and an attorney is as a fiduciary. It tells the attorney to act according to the best interest of his client. Without apt learning and skill, he could fail in performing his duties competently.
Download and listen to California Legal Ethics to hear about client-attorney relationship, the duty of an attorney, and what characteristics to look for when hiring someone to handle your case!
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Valuing the Loss of a Bicycling Lifestyle Pt.2. is a continuation of part 1 where we discussed economic and non-economic damages. Today we focus on the non-economic damages such as your loss of bicycling enjoyment and how to value those.
As famous trial lawyer Moe Levine says, “We should look at the whole person. How were they affected. This is not to gain sympathy, but empathy (understanding). The emphasis is not on how bad their life is now, but on the good things about their life that they can no longer enjoy. It is not mere grief, but objective losses that the law compensates.
Tell the jurors they must stand up for the bicyclist’s loss. That’s why we’re all here. It‘s up to them.
When the case is over and the courtroom doors close, should the bicyclist just suck it up? Should the bicyclist just pick another sport? Ask the jurors to discuss it in deliberations, don’t shy away from demanding a “full cup of justice”.
To hear about various damage categories to help in Valuing the Loss of a Bicycling Lifestyle Pt.2, download and listen to the episode!
If you enjoyed Valuing the Loss of a Bicycling Lifestyle Pt.1, don’t forget to leave us a 5-star rating and review on iTunes. We would love to hear from you!
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Richard Duquette’s job is to get his clients’ money. Money is justice. When you’re injured, you lose more than personal property, hospital bills and time off work. There is a value assigned to a loss of a bicyclists lifestyle. Richard helps you determine Valuing the Loss of a Bicycling Lifestyle in two episodes.
Economic damages are hard losses such as lost earnings, life-care plan, and medical bills which must be paid back as out of-pocket expenses. These damages are called special damages because they are easily quantified and highly specific in nature. They are proven by actual medical bills and verified lost earnings.
Non-Economic damages are far more extensive. They are the human losses. This includes your lost enjoyment of bicycling, pain and suffering, psychological damages, and the many other ways that an injury detrimentally affects someone’s quality of life.
These can involve a wide variety of mental, emotional, and physical deficits and can affect bicyclist’s enjoyment of an equally wide variety of their previous activities.
Proving non-economic damages is a highly technical form of storytelling. The goal is to
paint a picture of the bicyclist’s life before the crash, and contrast it with after the crash. Remember that damage awards are about making the bicylist whole—this means compensating them for their losses.
Law and Economics scholars call non-economic damages “hedonic damages” (from the same root as “hedonism”) because they quite literally seek to quantify and compensate for a loss of happiness or pleasure.
To hear how painting the picture, lay witnesses and causation affect Valuing the Loss of a Bicycling Lifestyle Pt.1, download and listen to the episode.
If you enjoyed Valuing the Loss of a Bicycling Lifestyle Pt.1, don’t forget to leave us a 5-star rating and review on iTunes. We would love to hear from you!
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© 2018 Law Firm of Richard L. Duquette