Info

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.
RSS Feed
Bicycling and the Law - 911Law.com
2018
June
May
April
March


2017
November
September
August
July
June
May
April
March
February
January


2016
December
November
October
September
August
July


All Episodes
Archives
Now displaying: May, 2018
May 30, 2018

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

What is a Contingency Fee?

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 33% Goes a Long Way

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.

What About Out of Pocket Costs?

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.

 

Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 3:

 

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

 

© 2018 Law Firm of Richard L. Duquette

May 23, 2018

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

How to Deal with Marketing Discount Lawyers

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.

Steering Clear of Group Referral Marketing Programs

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.

 

Testing Your Attorney for Knowledge

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

 

Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 2:

 

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

 

© 2018 Law Firm of Richard L. Duquette

May 16, 2018

 

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

Reasons Why People Hire a Lawyer

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.

Right Questions to Ask When Hiring a Lawyer

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.

Emphasis on Being a "Trial" Attorney

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.

 

Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 1:

 

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

 

May 9, 2018

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

Pitfall of Sharing Your Crash

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.

How Insurance Companies React

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.

How a Trial Lawyer Can Help

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.

 

Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2:

  • Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 1

 

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

 

1