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Bicycling and the Law - 911Law.com

Bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed.
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Now displaying: April, 2018
Apr 25, 2018

 

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

Two Things to Consider

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.

Minimal Risks in Hiring a Lawyer Fast

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."

Hire Based on a Contingency Fee

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.

 

Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast:

 

Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

 

Apr 11, 2018

                                                                                                   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

What Is a Competent Attorney

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.

The Duty of an Attorney

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."

Learning and Skill to Represent

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!

 

Links for California Legal Ethics:

 

Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

 

Apr 2, 2018

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.

Involving the Jurors

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.

What’s the Life Expectancy of the Loss

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!

 

Connect with Richard L. Duquette at the following links:

 

Richard's Website

Email Richard

Call Richard: 760-730-0500

Connect with Richard on Facebook

Follow Richard on Twitter

 

© 2016 Law Firm of Richard L. Duquette

 

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