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Personal injury cases can make up a range of accidents, including but not limited to slip and falls, dog bites, car accidents, truck accidents, pedestrian accidents, amusement park accidents, concert accidents, or even water accidents.

Yes Yes Yes. You may feel if nothing is wrong and you are able to function as normal but you should still absolutely see a physician and maybe obtain legal help as well. 

A Will mandates probate, which means that your Will must be admitted into court and approved by a judge before your assets can be transferred. A Will is not kept private after your death, unlike a revocable trust. Both a will and a trust can be revised during your life if your priorities have changed. However, a trust will allow you to skip probate and will also allow you to name young children as beneficiaries of the property. 

If the parents cannot agree on custody of their child, the courts decide custody based on “the best interests of the child.” Determining the child’s best interests involves many factors, no one of which is the most important factor.

Yes, and while you may have little damage it may be best for you to seek the help of an attorney as well if you feel there is more damage then the insurance company will pay for.

The main factors to consider when choosing a business entity are tax, liability, applicable law and required corporate formalities. Generally you should defer to your CPA to help you establish the best type of tax set up for your business. Liability refers to the level of personal asset protection provided by the entity to its owners. Applicable law refers to how and to what extent the law is established as applied to various factors for each entity type. For instance, some types of entities require that every owner must hold a certain professional designation. Required corporate formalities refer to the level and extent of corporate procedures are generally required to operate a particular business. The determination of the ‘best fit’ for each person’s new business should be made on a case-by-case basis.

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job. Here are some basic questions you should ask potential counsel before choosing legal representation.

Experience

Ask about the lawyer’s practice and familiarity with cases like yours.

One: Have you handled this type of case?

This is probably the most important question to ask. You would not want to fly with a pilot making his first transatlantic flight…why trust your case with a novice? A lawyer who has the right background can often save you time and money, all the while getting the best result possible. And don’t take a simple “Yes” for a sufficient answer. Ask follow-up questions, such as where and when any similar cases went to trial and their results, to ensure the attorney really knows the subject matter.

Two: Do you practice in the courthouse where my case is (or will be)?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Three: Have you ever been sanctioned for, or accused of, attorney misconduct?

You have a right to know whether your potential lawyer has violated, or even been formally accused of violating, the rules of professional responsibility. While you may be able to locate this information on the website of a state’s legal licensing authority, you should still ask the attorney. You are entitled to an explanation of the circumstances and the outcomes of any allegations of ethical violations.

Four: Do you have any conflicts of interest?

Attorneys in every state have an ethical obligation to advise you of any conflict of interest. Still, you should ask the question. If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by a co-defendant in your case. Not all conflicts automatically disqualify potential counsel, but you must be fully aware of and understand the nature of the conflict before deciding whether to hire a lawyer in spite of it.

Case Evaluation

Ask a few questions about the lawyer’s view of your case or situation.

Five: What are the likely outcomes in my case?

Lawyers are not fortune tellers. They should never guarantee a specific result. However, they should be able to give you a frank preliminary assessment of how your case is likely to play out.

Six: What will the fees and expenses be?

You need to know, upfront, exactly how your lawyer will charge for representation. In some cases it will be a fixed amount, and in others it may be an hourly rate. In cases where you are suing for monetary damages, the lawyer may represent you for a “contingency fee.” This means the attorney gets paid a portion (typically one-third) of the amount you receive after a successful trial or settlement. Make sure you discuss expenses as well as attorney fees. The lawyer’s expenses include everything from small things like photocopying to big-ticket items like expert witnesses. While your lawyer may not be able to give you a precise quote, you should have a good understanding of the potential price tag.

Seven: What strategy do you propose?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

Eight: Are there alternatives to a trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option. Arbitration— using a private service to adjudicate a dispute—is a less formal, less costly, and faster way of getting a decision in some civil matters.

Case Management

Find out how the office will handle your case.

Nine: How long will this case take?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

Ten: How will we communicate?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

Eleven: What is my role in case preparation?

It is quite important to find out what you should and should not be doing to help your attorney. Often you may be able to provide documents and background information. However, your lawyer will usually tell you that you should not speak to witnesses or do any legal work. Learn how you can help, and make sure to follow your counsel’s instructions.

Twelve: Who will be doing the work?

Your lawyer will frequently be part of a law firm with junior associates and paralegals. Make sure you know who will be working on your case and in what capacity. Your lawyer can often save you money by delegating routine tasks to firm employees who charge a lower hourly rate. However, your lawyer should be involved in all key aspects and decisions of your case, or should explain to you why a colleague can handle some important part of the matter just as well.

These questions are the bare essentials. Depending on the facts and circumstances of your case, you will inevitably think of many others. Ask them. Lawyers should be as good at answering questions as they are at asking them.

If a lawyer rushes you or makes you feel that your questions are naïve, you may need to keep looking. Taking the time to ask questions at the beginning will give you a much better chance of having a solid and successful attorney-client relationship.

If you use a lawyer, he or she should talk to you about the cost of their services. But you should also understand their charges. Here are some questions to ask your lawyer about the costs of their services. Included also are some tips to help you get the most from conversations with lawyers about costs.

Q1 “Will I be charged for a consultation?”

Finding the lawyer who is right for you and the service you need is important. A consultation by phone, face‐to‐face, letter or online can help you make your decision. A lawyer can charge you for a consultation, but they should tell you before you book and explain any conditions. For example, they may offer the first 30 minutes free but charge for time above that. A lawyer should speak to you about costs and provide the best possible information so you can make an informed choice. If you have a consultation, make the most of the opportunity. Do your research to find the right lawyer
– you can check online, talk to friends and family, or speak to consumer organizations to help you make your choice.

Tip: Don’t assume that because some lawyers offer free consultation, they all do. Ask if there’s a fee when you book a consultation.

Q2 “How do you cost your service?”

This question can help you shop around to get best value for money. Two lawyers may provide very different estimates for the same service. Understanding why the quotes differ can help you make the right decision. For example, one lawyer may be more experienced or an expert in the area of law your case involves. If you have a complex case, you might think it’s better to pay more as it may improve the outcome and cost you less in the long run. With a fairly simple case you might decide you don’t need that level of expertise, so it may be better value to go with the cheaper estimate
Experience and skill are just two reasons why costs may differ. Estimates may vary for a whole host of reasons. Ask questions until you understand enough about the services on offer so you can pick one that suits you.

Tip: It’s ok to shop around. Get advice to help you find a lawyer that you trust and feel comfortable talking to. Speak to family and friends.

Q3 “Can you tell me more about the way you charge?”

Lawyers have different ways of charging and their charging method may also vary according to the service. For example, they may offer a fixed fee for writing a will, but an hourly rate for a probate service (the administration of a will when someone has died). Find out what charging method the lawyer will use and ask them to explain it to you in detail. Questions 4 and 5 can help with understanding fixed fee and hourly rate charges.
Conditional fee arrangements are also known as ‘no win, no fee’ arrangements. If you lose, you won’t, in general, have to pay your lawyer’s fees, but may need to pay some out of pocket expenses such as barrister’s fees or court fees. You may also be liable to pay some of the other side’s costs. If you win, you will have to pay your lawyer’s fees and in addition there is usually an uplift fee which is intended to cover the risk that the firm are entering into with this type of agreement. You should in most cases, however, be able to recover some of your fees from the other side. If you are thinking about entering into one of these arrangements, make sure you ask detailed questions so that you fully understand the terms and conditions.

Tip: Ask what words mean. Sometimes lawyers use technical terms that you might not understand, so ask for an explanation.

Q4 “What is a fixed fee and what does it cover? Will I be charged for any other costs?”

The term ‘fixed fee’ can be used in different ways. It can be easy to assume that it covers all costs for the service you need. In some cases that may be true, but it may also just refer to the lawyer’s fees.  For example, a ‘fixed fee’ in a property case may, or may not, include charges related to searches. Sometimes a lawyer may offer a ‘fixed fee’ for a stage of the case, so don’t feel embarrassed about asking your lawyer exactly what they mean by ’fixed fee’. It’s not a silly question; the term isn’t self‐ explanatory.
Lawyers will sometimes give you an estimate of the costs. This isn’t the same as a ‘fixed fee’, so check what your lawyer means. This can be important as sometimes a lawyer may charge a fixed fee for a particular stage but give an estimate for the next stage. If that happens, or you aren’t sure, check what your lawyer means and ask for an estimate for the total cost of the case.

Tip: Ask if your estimate includes everything that you might be charged. Sometimes there are additional costs, such as stamp duty, if you are buying a house. It’s good to be clear about how much the whole legal transaction will cost, what you need to do, and what your lawyer will do for you.

Q5 “You charge an hourly rate but I’d like an estimate for the cost of the whole service. What will my final bill look like?”

If your lawyer charges an hourly rate, they must give you an estimate of how much the overall
service will be. They should also provide revised estimates as the matter progresses if necessary. If you aren’t sure, then ask your lawyer to give you an estimate for the whole service. Sometimes it
can be hard to predict how much it will all cost. Ask so you know how certain the estimate is. Having a range of costs might be more helpful than a single number, which could shift up or down. The important thing is to understand how much the total bill could be. You are entitled to ask the lawyer to set a limit on the costs. This means your lawyer has to check that you are happy to continue if the spend approaches the agreed threshold. Setting a limit can help you make sure you don’t spend more than you can afford.
Ask questions to understand exactly when the clock starts. For example, if you call your lawyer for an update on your case will you be charged for the call? Ask if, and how, your lawyer rounds up their charges. Many lawyers charge in six minute blocks – check if that’s how your lawyer works. Make sure you feel comfortable with the way they charge. As with ‘fixed fees’, ask if there are any other costs that won’t be covered in the hourly rate.

Tip: Don’t just ask how much the hourly rate is. Ask for an estimate of how many hours it will take and what’s included. Also ask what might cause it to change and see how likely this is. Sometimes you’ll be given a range for the costs, but this will help you budget and know where you stand.

Q6 “Could my costs change? How will you let me know if they
do?”

Ask whether your costs might change as your matter progresses, and what might cause them to change. There may be circumstances where costs do change. This is most likely if new information or developments make a case more difficult. For example, in a divorce case much is dependent on the other person’s cooperation to resolve it quickly. Even if both people intend to behave amicably, sometimes that resolve breaks down. If your costs look like they are changing, ask your lawyer about it. In general, your lawyer should tell you as soon as they are aware of any changes, but you don’t have to wait to ask for an explanation. If you have agreed a spending limit (see question 5), then your lawyer should stop work until you confirm that you want to continue. If a case gets complicated even a ‘fixed fee’ arrangement can change. Your lawyer should explain when this might happen and also set out the terms and conditions in your costs agreement. Make sure you understand and ask if there is a ’get out’ clause to say if additional costs can be charged. Remember, you always have options, even in the middle of a legal transaction. If there is a big hike in the costs of using a lawyer, then your lawyer should tell you about them and let you know what your options are. You could use a different specialist who might cost less but take longer, or only use email to contact your lawyer. There might also be some stages in the process that can be missed out. Ask your lawyer how you can work with them to reduce costs.

Tip: Cost changes may not always mean an increase. If an estimate was based on the chance that it might get complicated, but ends up being simpler than first thought, then the price should go down. Make sure your lawyer talks to you throughout your case so you understand your final

Q7 “Are there any extra costs?”

This really is a catch‐all question to help you budget for your service. You are basically asking your lawyer if they have given you all the information they reasonably can to make sure there aren’t any nasty surprises in the future. Examples of the sort of information this question might raise are additional costs for things like expert reports (such as from a doctor), or photocopying.

Tip: don’t forget to check if your estimate is inclusive of any taxes if applicable. Your lawyer should tell you, but check so that you don’t get a higher bill than you’re expecting. bill and can check you aren’t being overcharged.

Q8 “Can I get help with the cost of my legal service?”

A lawyer should always talk to you about how the service will be paid for. If you receive benefits or are on a low income you might qualify for Legal Aid that may reduce or cover all of your costs. Even if your lawyer isn’t registered to provide Legal Aid they should tell you about it so you have the option of going to a lawyer who can.

Tip: In many cases you call your States Attorneys Office to see if there is legal aid available.

Q9 “When will I be billed and how long will I have to pay? Do you offer payment options?”

A lawyer should give you clear information on their billing process and offer reasonable time for you to make payments. They should also let you know if there are penalty charges if you don’t pay on time. You may be asked to pay some money at the start either to cover certain expenses or as an advance payment of fees. Lawyers aren’t obliged to offer you payment options, but some may be willing to negotiate. Asking the question might help you find a lawyer whose service fits your personal circumstances.

Tip: There shouldn’t be any interest accrued, and if there are any, your lawyer should explain in detail.

Q10 “What happens if I disagree with the amount I’ve been
charged?”

Your lawyer should tell you their approach to resolving billing disagreements. Every lawyer should have a complaints handling system in place, so find out how their system works. You should not
be charged by a lawyer for looking at your complaint. 

Tip: Lawyers shouldn’t charge for looking at a complaint you have made against them. If you are unhappy with the outcome of their services concerning case. It may be of benefit for you to have the complaint process for The Bar Association where you reside.