What are the Top 5 Questions Clients ask?
1.) Q: Will I get lawyer fees if I win my case in court?
Andy’s Answer: Unless there is a statute that specifically provides for an award by the court of attorney’s fees, attorney’s fees are generally within the court’s sound discretion. It is not unusual for the court to order each party to bear her or his own legal fees and costs. It can be complicated and fraught with uncertainty. For example, the federal trademark act (the “Lanham Act”) provides that an award by the Court of reasonable attorney’s fees is available, but only in exceptional cases.
2). Q: Can I pay my lawyer only if I win my case?
Andy’s Answer: Generally, you are obligated to pay your attorney fees and costs regardless of the outcome of your case. One notable exception is in personal injury (negligence) cases. In such cases, there is an insurance company involved so payment to attorney may be contingent upon your attorney achieving a successful outcome.
3). Q: Will I be awarded damages if I win my case?
Andy’s Answer: The prevailing party (the winner) in a civil (not criminal) case is entitled to an award of damages. Bear in mind that if you, the plaintiff party, loses your case the other party (defendant) may be entitled to an award of damages. In rare civil cases, such a personal injury cases with serious aggravating circumstances, the court also may award punitive or exemplary damages designed to punish a party and deter her or him from engaging in similar conduct in the future.
4). Q: I signed a contract – Can I get out of it?
Andy’s Answer: Be sure that you have a clear understanding of all provisions of the contract before signing it. If any part of a termination or any provisions remains unclear ask an attorney to review it.
5.) Q: Do I have a good case?
Andy’s Answer: As a matter of firm policy and ethical considerations and after a careful review of the available facts and circumstances, in most cases I will provide an assessment and opinion of the merits of and potential problems with your case, but under no circumstances can an attorney ever guarantee or provide assurances of the outcome of your case. Our goal is to provide you with sufficient and accurate information upon which to make an informed decision of how you wish to proceed.
All information provided on this article is for informational purposes only and should not be construed as legal advice on any subject matter or to create an attorney-client relationship.