Hiring a Lawyer

June 14, 2010

Lawyer Offers Potential Client Money for Living Expenses

I got hurt in a truck wreck. I spoke to a Tennessee lawyer and he said I had a really good case. I have lost my job as a result of the wreck and my finances are a complete mess. This lawyer said that if I would hire him to help me on the case he would loan me $1000 per month while the case was pending and that I could pay him back, without interest, when the case was over. Is there any reason I shouldn’t do that?

Yes. You should not do it because the lawyer’s offer of money to you was a violation of Tennessee ethics rules for lawyers. A lawyer can advance the costs of pursing the case, but cannot give a client money for living expenses or a fee for hiring the lawyer for the case.

So, you might ask, why should you care? The lawyer’s ethics are not your problem. You need money. The lawyer is willing to loan it to you. Whether he or she violates ethics rules is really none of your concern.

April 30, 2010

I Want to Fire My Personal Injury Lawyer!

by The Law Offices of John Day, P.C.

I have a personal injury case. The lawyer is working on a contingent fee. As far as I can tell he is going nothing. He doesn’t return my phone calls. He has had my case for six months and no lawsuit has been filed or, if it has, nobody has told me it has. I have lost confidence in this lawyer and want to fire him. However, I can’t afford to pay him for whatever work he might claim he has done. What should I do?

First, I would encourage you to give the lawyer one more chance to explain what is going on and why he will not respond to you. If you had a good reason to hire this lawyer in the first place, you should make an effort to give him a chance to explain his conduct.

If you hired this lawyer on a whim, or if you feel you have given him plenty of chances and you have lost all confidence in him, you can fire him whenever you want to. More importantly, you almost certainly do not have to pay him at this time for the work he has done.

April 22, 2010

Understanding The Steps in the Litigation Process

by The Law Offices of John Day, P.C.

My neighbor is in a lawsuit and she says that they are in "discovery." What is that?

The discovery phase of a lawsuit is the phase during which each side finds out about the other side’s claims and defenses. The various methods of gaining this information are often referred to as tools of discovery or simply “Discovery.” These methods include depositions, interrogatories, requests for production, medical evaluations, requests for admissions, and subpoenas.

To gain a complete understanding of what happens during discovery and as a case progresses toward a trial, read our Litigation Guide called "Understanding The Steps in the Litigation Process."

April 14, 2010

Board Certification for Trial Lawyers

by The Law Offices of John Day, P.C.

Q. What does it mean when a lawyer is “board certified?”

A. Just like doctors can be “board-certified” in surgery or pediatrics or a large number of specialties, lawyers can choose to seek board certification in several different areas in the law.

There are several civil trial certifications available in Tennessee – civil trial specialist, medical malpractice, legal malpractice and family. A civil trial specialist must (a) have a demonstrated level of experience in trying civil cases; (b) pass a written examination that covers certain aspects of civil law, evidence, and ethics; (c) receive positive recommendations from judges and attorneys that he or she has tried cases against; (d) have a good disciplinary history. The attorney applies for civil trial and family trial certification with the National Board of Trial Advocacy, a division of the National Board of Legal Specialty Certification. Medical and legal trial certification is available from another group.

If a Tennessee attorney is certified by this group, the attorney must then apply to the Tennessee Commission on Continuing Legal Education and Specialization Commission for certification in Tennessee. The Tennessee Commission imposes additional requirements, including professional liability insurance and client recommendations.

April 9, 2010

Understanding Attorney’s Fees And Expenses In Personal Injury And Wrongful Death Cases in Tennessee

by The Law Offices of John Day, P.C.

1. Do I have to pay a consultation fee to meet with a lawyer about my personal injury or wrongful death case?

Answer: At The Law Offices of John Day, P.C., we never charge a consultation fee to a potential client who consults with us about a personal injury or wrongful death case. This is true for virtually every lawyer who regularly does personal injury or wrongful death cases, although it would always be wise to ask about the need to pay a consultation fee before meeting with any lawyer about any type of legal matter.

2. How do lawyers charge in personal injury and wrongful death cases?

April 9, 2010

What Should I Know Before I Hire A Lawyer In My Personal Injury And Wrongful Death Case

by The Law Offices of John Day, P.C.

If you look around it seems like there are thousands of lawyers who say that they handle personal injury and wrongful death cases. In Tennessee and many other states, any lawyer, regardless of their experience, can say that they do personal injury and wrongful death litigation. Thus, it is up to the consumer to figure out who should he or she should turn to for legal representation.

This Guide will help you conduct the right research and ask the right questions so that you can hire the best lawyer and law firm for your case.

1. Is the lawyer a member of the American College of Trial Lawyers?

April 9, 2010

About the Law Offices of John Day’s Legal Consumer Guide Series

by The Law Offices of John Day, P.C.

The lawyers at The Law Offices of John Day, P.C. have prepared several legal guides to provide you with general information about the work we do and the legal system. We believe that it is important that everyone, not just our clients, have an understanding of personal injury and wrongful death law and the way our civil justice system operates.

We add, of course, that none of these guides are a substitute for advice given by a competent lawyer who has been made aware of all of the relevant facts of a given situation. Therefore, while you can read these guides to learn general information, do not rely on them as legal advice for any particular legal problem. This is particularly true when we discuss the deadlines for filing lawsuits (statutes of limitation). These rules can be extremely complicated, and you would be making a big mistake to make any decision on when a legal deadline actually ran in a case based on the general statements in these legal guides.

We will be happy to meet with you and discuss representation of you for any type of personal injury or wrongful death case. To arrange an in-person or telephone meeting, send me an email at jday@johndaylegal.com. However, if you are currently represented by a different law firm, please know that we cannot answer questions about your case. The legal ethics rules provide that one lawyer cannot give advice to another lawyer’s client without the knowledge and consent of the current lawyer. We honor this rule.