attorney is not answering question of strategy being used in a continency case what to do?

Why does the questioning attorney want to control the witness?

3. Do not repeatedly contact the lawyer. Reasonable requests means reasonable in number, frequency and topic. 4. Don*t ask the same the questions over and over 5. Be efficient. 6. Remember, while your case is important, it is not the attorney*s only case. Be …

Why does the questioning attorney limit the answers to one word?

of the case will also be deducted from the final recovery (e.g. expert witness fees, deposition transcripts costs, court reporter fees, filing fees, etc.). Furthermore, every contingency case involves an inherent risk of zero recovery (even if that risk is small), in which case the attorney, not the client, pays the expenses.

What should an attorney consider when considering a contingency fee case?

Sep 11, 2009 · Posted on Sep 11, 2009. Posted on Sep 11, 2009. As you can see from these responses, there are many considerations for an attorney considering a contingency fee case. For the attorney, it's strictly a business decision, assessing the factors identified in the previous responses and others. For example, we consider the merits of the case, the ...

How do you answer yes and no questions in court?

What do you do when opposing counsel won't respond?

What if you believe that your lawyer is not handling your case properly?

What does it mean when your attorney does not respond?

What is the most common complaint against lawyers?

Why do lawyers ignore you?

What should you not say to a lawyer?

Is it normal to not hear from your lawyer?

How long should it take for an attorney to respond?

Why is my lawyer not communicating with me?

How do you know if a lawyer is scamming you?

What do you do when your lawyer lies to you?

Can I sue a lawyer for lying?

Douglas Anthony Dube

As you can see from these responses, there are many considerations for an attorney considering a contingency fee case. For the attorney, it's strictly a business decision, assessing the factors identified in the previous responses and others.

John W. Carini

While I agree with the above answers, there are still many other possibly factors, that can vary with the indivifual attorney. Basically they can be summed up under the heading of "cost-benefit" anaylsis.

Steven Alan Fink

Both of my colleagues are correct, but there is still an additional consideration. How much time will I have to spend to get both the judgment and the payment. A case with good liability and good damages may still not be financially viable to handle if it will cost too much money and time to prove...

Matthew Edward Williamson

I agree with Attorney Marshall's 3, but there are 2 more that the best attorneys use (besides the original three) (many attorneys don't use these, but the best I know do): 4) What is the client's attitude like (are they going to be someone that the attorney wants to potential be partnered up with for a year or two

Robert Lee Marshall

There are generally three things attorneys look at in determining whether to take a case on a contingency basis -- meaning they don't collect fees unless you win the case and get a settlement.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

Do attorneys have to keep clients informed?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers:

What do lawyers respond to?

Lawyers are trained in logic. They respond to objective, well-reasoned, unemotional statements. If you begin with, “It sounds like you’ve been busy,” or “Is there anything I can do to expedite collection of the fee?” you’ll be encouraging a dialogue, not two monologues.

Why are my attorney's messages so annoying?

“Urgent” messages are likely to result in an annoyed response, since they’re often returned when the attorney is preoccupied with another matter . Remember, you’re just trying to get your attorney’s attention, not to alienate her.

What is Chapter 52 of the Placement Strategy Handbook?

Chapter 52 in The Placement Strategy Handbook is entitled “How to Select an Attorney.” Still, we receive many calls from placers ranging from inquiries to insurrection about the way an attorney is handling a case. This doesn’t mean the clients are right. But it does mean the attorney-client relationship has been damaged.

How to tell if an office is busy?

Some pretty reliable indications of a busy office are things like assistants frantically running around, others working at computers, phones constantly ringing, filing cabinets with trays full of case files nearby waiting to be filed, and at least a few clients waiting out in the reception room.

What is a client's manual?

Lawyers: A Client’s Manual by Joseph McGinn tells the steps to use if you’ve reached the point of no return: Tell your lawyer directly and give your reasons.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Can contingency fees be recovered?

In contingency fee cases, the fee may still be due upon recovery by the new attorney unless you can show good cause for the dismissal . Good cause usually involves a serious mishandling of the case or the client, including:

When parties are confronted with their lack of knowledge response, they will often try to explain that they gave this answer

When parties are confronted with their lack-of-knowledge response, they will often try to explain that they gave this answer because they weren’t certain. This is where the script at the beginning of the deposition or the instructions as the beginning of the interrogatories are vital. One can confront the party with the deposition script or interrogatory instruction to shut this nonsense down.

What does it mean when someone says they don't remember the date they last used cocaine?

However an “I don’t know” response means they could have last used moments before their deposition and are high while being deposed.

Why do questioning attorneys limit the answer to the single word?

So the questioning attorney’s efforts to limit the answers to the single word is an attempt to take back a bit of power from the witness. Some witnesses give in and just be led at that point, because it is easier than fighting counsel. The prepared witness, however, will try to fight back. Politely and respectfully, she will try to break out ...

What is the tactic of questioning?

A common tactic in questioning is to try to secure agreement at the level of principle, and then apply that principle to the case at hand. The agreement, in principle, is generally phrased as a hypothetical, like a question about “a patient” rather than “the patient.”.

What is the strongest response to a question?

Sometimes the three strongest words in response to a question are “ I don’t know .” When that is the real answer, then that answer is always going to be safer than any alternative. If the questioner has framed it in a way that prevents you from knowing whether it would be a “Yes” or a “No” answer, then say so.

What is the key word for an attorney in a cross-examination?

For an attorney taking a deposition or conducting a cross-examination in trial, there is one key word that describes that attorney’s strategy: control. The questioning attorney wants, maybe needs, to control the witness in order to build useful testimony in a deposition or to highlight useful testimony in trial cross-examination.

When does it depend on the principle?

Closely related to the “Not necessarily,” the “It depends” applies when the principle perhaps isn’t even generally true, but is in fact only true under certain conditions that the question has not specified. Here as well, if you say, “It depends,” then be prepared for the next question to be, “Depends on what?”

Do witnesses have the right to their own words?

Yes (or No), But there ’s an Explanation. I believe that, as long as they’re answering questions and not filibustering, witnesses should have the right to their own words. However, I have seen it happen where counsel will successfully limit a witness to just the “Yes” or the “No,” sometimes with a judge’s help.

Is correct charted unless there is a remarkable or atypical finding?

A: Correct, and that is typically not charted unless there is a remarkable or atypical finding.

What happens if a lawyer does not win a case?

If the lawyer does not win or settle the case in the​ client's favor, the client must pay the​ attorney's hourly rate.

What percentage of a settlement is contingency fee?

Contingency fees normally range from 20 to 50 percent of the award or​ settlement, with the average being about 35 to 40 percent.

What is contingency fee?

Under a​ contingency-fee arrangement, the lawyer receives a percentage of the amount recovered by winning or settling a case. Contingency-fee arrangements are often used in automobile accident​ lawsuits, medical malpractice​ claims, product liability​ lawsuits, and other personal injury lawsuits.

What is a government appointed attorney?

A government appointed attorney for defendants who cannot otherwise afford one.

What is a percentage settlement?

An arrangement where the lawyer receives a percentage of the amount recovered by winning or settling a case.

What happens if a lawyer settles a case too quickly?

If the lawyer resolves the case too quickly or too slowly, either the client or lawyer may feel they got an unfair portion of the deal. Another concern is that not all areas of law allow lawyers to accept such an agreement. An attorney who agrees to contingency fees in a field that bans them can risk disbarment.

What to do before signing a contingency fee agreement?

Before signing a contingency fee agreement, read through it diligently, especially the fine print. Legal documents are notorious for including information that people miss because they don’t look at the fine print; just look at the Terms of Service for virtually any software.

What is contingency fee?

What is a Contingency Fee? The primary contingency fee definition is a fee arrangement that allows you to avoid out-of-pocket costs entirely. It is a percentage of the settlement that you receive if you win your case. That’s right; your lawyer only gets paid if you win.

Why do people fear litigation?

Many people live in fear of dealing with litigation because they feel that they have no means of paying for an attorney’s services out of pocket. Lawyers are, after all, expensive. High expense doesn’t always have to be the case, especially if you retain a lawyer that agrees to a contingency fee. Contingency fee lawyers are an excellent avenue ...

How much do personal injury lawyers charge?

Most personal injury lawyers charge 33 1/3 percent if the case settles without filing a lawsuit and 40% if a lawsuit is filed. Most employment lawyers charge a 40% fee.

Why don't you rely solely on testimonials?

Don’t rely solely on testimonials because they can be edited or completely fabricated by unscrupulous practices.

Can a lawyer take a client on a contingency fee?

Criminal trials do not allow this payment arrangement. No win, no fee personal injury lawyers are the ones most likely to take on a client on a contingent basis.