You do not have to accept a fee arrangement suggested by a lawyer. For
example, some lawyers say that you don't have to pay a fee unless you recover.
This arrangement is a "contingency fee," and the attorney could be entitled to
take up to a third or more of your award, sometimes only for a few hours of
work! You can and should negotiate, just like you do when buying a house or a
car.
Talk to more than one lawyer. You may want to interview three lawyers and
comparison-shop for fees before selecting one.
Check out your lawyer's record with other legal consumers. Ask the State Bar
Association if your lawyer has ever been the subject of an ethical complaint or
inquiry. Call the State Bar at 1-800-968-1442.
Ask your lawyer how many hours he or she will actually spend on your matter. You
may pay less in legal fees if you pay the lawyer's hourly rate rather than
paying a contingency fee.
Don't let your lawyer pick your doctor. Be cautious when your lawyer suggests
you go to "his" doctor. You may be setting yourself up to be diagnosed for an
injury the lawyer believes will be most useful for his or her case - and that
could be dangerous to your health.
Make sure your lawyer tells you about potential disadvantages of suing someone.
One is potential loss of your privacy. You may have to show how much money you
have, how much you owe, and to whom. Your doctors may even have to give up
copies of your medical records.
Use your good judgment. You can help stop lawsuit abuse. If you decide to go
forward with a lawsuit, use the courts for their appropriate purpose - to
receive compensation for damages or injuries. Conflicts are inevitable in our
society, but a lawsuit should be the last resort, not the first choice. The more
our justice system is abused, the less it's able to help those who need it most.