How to Answer Interrogatories

How to Answer InterrogatoriesIf your case goes to litigation, you will need to answer interrogatories, usually within the first few months after the lawsuit is filed (others can be served later in the case). Interrogatories are written questions from opposing counsel — part of the discovery process — designed to give him basic information about you and your case. They must be answered in writing and under oath (notarized), and returned to opposing counsel within 30 days.

While different lawyers have different methods, it is fairly common for plaintiffs’ lawyers to mail their clients the defendant’s interrogatories with fairly limited instructions on how to answer them. This is because the lawyer plans to tweak and modify your answers before preparing them in final form for your signature. So, many times plaintiffs will receive them with only the vague instructions to “answer as best you can” and return them to the lawyer. To save you some time and anxiety when the time comes to answer interrogatories, here are some basic instructions on how to answer them.

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How To Testify At Trial

How to Testify at TrialEven though most plaintiffs will never go to trial, the thought of having to testify in court can be a source of great anxiety. Even if you’ve given a deposition in your case, you will find testifying at a trial to be whole new experience. Aside from the additional pressure of being in a courtroom, the purpose and the logistics of trial testimony are completely different. Your deposition was a broad inquiry conducted by opposing counsel, designed to inform him about your case. Your trial testimony, on the on the other hand, is a focused effort by your own lawyer (subject to opposing counsel’s cross examination) to present your case to the jury in the most favorable light possible. This changes not only the way you prepare, but also the importance of how you present yourself.

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Can I Fire My Lawyer? Yes, But You May Still Have to Pay Him

Can I Fire My LawyerDespite having a written contingency fee contract with your lawyer, you can fire him at any time. However, depending on your reasons for firing him, you may still owe him a fee. In most jurisdiction, though not all, if you do owe him a fee, it will be based not on your contingency fee contract, but rather on quantum meruit (meaning “how much is merited”). Depending on when you fire your lawyer during the litigation, this can range from a relatively small sum up to the entire percentage you agreed to in the contingency fee contract (in a few jurisdictions it can even exceed the contracted amount). If you hire a new lawyer after firing the old, there are circumstances under which you could wind up paying a double attorney fee. So, before you fire your lawyer, consider the odds of having to pay him a fee, how much that fee might be, and how this will affect your overall recovery in the case.

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Letter of Protection — Delay Medical Bills Until Settlement

Letter of ProtectionNot every personal injury plaintiff has health insurance. Those who are involved in automobile accidents may have PIP or med pay coverage to pay medical bills, but these benefits are often not enough to cover all necessary medical treatment. These plaintiffs are presented with a catch-22: they could pay for the medical care they need if their lawsuit settles, but they can’t prove their case without first getting medical care. This problem can often be solved through a letter of protection (LOP), which is not actually a letter at all, but rather a contract between you, your lawyer and your medical provider which allows you to get the treatment you need in exchange for a promise to pay your provider directly from your settlement funds.

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How to Choose a Lawyer – 2 Revealing Questions To Ask

how to choose a lawyerUnless you receive a referral from someone you trust, choosing a lawyer for your personal injury case can be one big crap shoot. Fancy ads or a nice office tell you more about a lawyer’s business acumen than his competence and skill as an attorney. There are plenty of “successful” attorneys out there making money hand over fist by running a “settlement mill” practice, where the individual clients do poorly, but the attorney does fine due to a “volume” business model. Asking the right questions can help you avoid these mills.

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Attorney Costs — Reviewing Your Own Lawyer’s Bill

attorney costsCosts are the expenses your attorney incurs which are directly attributable to your specific case. Almost all personal injury attorney fee contracts require that these costs be reimbursed from your share of the recovery, i.e., the money left over after your attorney’s fees are deducted. Therefore, every dollar that you can save on costs is a dollar that goes in your pocket. Most attorneys are diligent at maintaining a running list of your costs (though some costs won’t appear until your attorney receives and pays certain bills, so there will always be lag on some items). The two times you absolutely need to review the costs in your case are: (1) right before you agree to a settlement and (2) after you receive the settlement check and your attorney provides you the final accounting in your case. The pre-settlement review will help you avoid a rude surprise after it’s too late to stop the settlement, and the post-settlement review is to verify that the costs haven’t changed significantly from earlier.

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How to Give a Deposition — 5 Deposition Tips

How to give a depositionUnless your case settles immediately, the odds are pretty high that at some point you will have to give a deposition. Depositions are not fun for anyone (even lawyers don’t like having their depositions taken), but there are some tips that can make your deposition go smoother and keep you from hurting your own case. I hope that you already know that you shouldn’t lie in your deposition (it is under oath, after all), so I left that piece of advice off the tip list. Hopefully, your lawyer will meet with you before your deposition and cover all of these tips, but if you don’t feel like waiting for that meeting to learn how to give a deposition, this article is for you.

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Jury Trial Crisis — Why So Few Cases are Going to Trial

Jury Trial Crisis -- Why So Few Cases are Going to TrialThe Florida Bar recently released the results (pdf warning) of its research into the declining number of jury trials in America. It is a phenomenon which is affecting both civil and criminal jury trials, for somewhat different reasons. I’m only going to discuss the findings as to civil trials, as that is more relevant to this site. While the causes cited in the study for this decline in jury trials are mostly based on assumption and speculation, my own experience leads me to believe that they are probably accurate. The danger presented, especially in civil cases, is that the number of jury trials will continue to shrink unless some type of corrective action is taken. The threat of the jury trial is only viable as long as there are lawyers both able and willing to carry it out. As this threat diminishes, so too does a plaintiff’s ability to achieve any sort of justice.

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Something You Can (and Should) Do That Your Lawyer Cannot

There are few things that you, as a plaintiff, can do that your lawyer cannot. One notable exception is directly communicating with a defendant who is represented by counsel. Your lawyer is prohibited from this form of communication by ethics rules, and I absolutely do not recommend you engage in this form of communication, either. However, the ethics rules also prohibit another type of communication by lawyers which I highly recommend that you, as a plaintiff, engage in. That is the subject of this article.

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Why Did the Defense Attorney Ask Me for That?

The discovery process can make you, as a plaintiff, feel like you are the one on trial. In a very real way, you are. When you file a personal injury lawsuit, you open yourself up to any questions and requests for documents and other items which are reasonably calculated to lead to admissible evidence. Note that I did not say that the question or production request must result in admissible evidence in and of itself. As long as the discovery request could reasonably lead to admissible evidence, you must comply with it. The “scope of discovery” is far more broad than the bounds of admissibility.

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Why Won’t Any Lawyer Take My Case?

lawyer rejecting caseIf you’ve called several lawyers about handling your personal injury case and you haven’t found one who’s interested, it’s usually due to one of three reasons. First, your case sucks. Second, you want to sue someone who local lawyers don’t want to sue. Third, your case involves an area of the law that few lawyers want to deal with. Unfortunately, many lawyers will not give you a reason, or at least the real reason, why they don’t want to take your case. Hopefully, after reading this, you can figure it out for yourself, and decide whether your case is still worth pursuing.

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Whose Depositions Should You Attend?

As a plaintiff, you know that you will be required to submit to a deposition by opposing counsel. If you are married, it is likely that you plan to attend your spouse’s deposition as well, as that is often scheduled for the same day as your own. Beyond that, you probably don’t plan to attend any other depositions in your case. Most lawyers will not encourage you to attend other people’s depositions — but maybe they should. As a named party in the lawsuit, you have the right to attend any and all depositions in your case. The rules of sequestration of witnesses (keeping witnesses from sitting in on each others’ testimony to avoid collusion) do not apply to you. So, why would you want to attend anyone else’s deposition, and whose depositions should you attend?

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Seven Deadly Sins for Plaintiffs

You may not think that the seven deadly sins have anything to do with your lawsuit. Before you get nervous, know that I’m not a religious person and I’m not going to preach to you. Rather, I appreciate the simplicity of a defined “code of conduct”, as it makes it easier to recognize when you’re screwing up. So, I decided to take some widely known (and therefore, easier to remember) “sins” and use them as a warning to plaintiffs. I’m not trying to save your soul, just your lawsuit. Commit the following sins and your case will pay the price.

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Gap Insurance: What is It and Who Needs It?

Gap insurance, also known as “loan/lease coverage” or “loan/lease payoff coverage”, is a type of automobile insurance coverage that protects you if your car is totaled while you are upside down on your car payments. It supplements your collision and comprehensive coverages by paying up to a certain percentage (often 25%) more than your car’s fair market value in the event your car is totaled and you owe more on it than it is worth. If your car is paid off, or if it is worth more than what you owe on it, you don’t need gap coverage. Otherwise, you do. The good news is that it is a fairly cheap coverage.

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Question From Reader Rachel About Inadequate Insurance By Defendant

A reader identifying herself as “Rachel” posed the following question in a comment on my “About” page (where no one would probably see it, so I decided to make an article out of it). Just to let you all know in advance, I’m not going to make a habit of answering such lengthy or specific questions, so if anyone else posts a question like this, prepare for disappointment. Short questions about topics covered in my articles and posted as comments are fine, but I named my website “I Do Not Want to Be Your Lawyer” for a reason. That being said, on to Rachel’s question:

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