Willy Gallant's blog ::Zacharias on Expanding the Ethical Role of the Lawyer in Pre-Retainer Consults and Obligations to Prospective Clients

Willy Gallant's blog ::Zacharias on Expanding the Ethical Role of the Lawyer in Pre-Retainer Consults and Obligations to Prospective Clients

Ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｉｓ               ａ               ｔｏｒｔ               ｌａｗ               ｔｅｒｍ,               ｗｈｉｃｈ               ｄｅｎｏｔｅｓ               ａｎｙ               ｗｒｏｎｇ               ｏｒ               ｈａｒｍ               ｄｏｎｅ               ｔｏ               ａｎｙ               ｐｅｒｓｏｎ,               ｒｉｇｈｔｓ,               ｐｒｏｐｅｒｔｙ               ｏｒ               ｒｅｐｕｔａｔｉｏｎ. Ａｎ               ｉｎｊｕｒｙ               ｃａｎ               ｂｅ               ｃａｕｓｅ               ｂｙ               ａｎｙ               ｓｏｒｔ               ｏｆ               ａｃｃｉｄｅｎｔ,               ｗｈｅｔｈｅｒ               ｙｏｕ               ａｒｅ               ｒｅｓｐｏｎｓｉｂｌｅ               ｆｏｒ               ｔｈａｔ               ｍｉｓｈａｐ               ｏｒ               ｎｏｔ. Ａｎ               ｉｎｊｕｒｙ               ｃａｎ               ｏｃｃｕｒ               ｄｕｅ               ｔｏ               ｔｈｅ               ｎｅｇｌｉｇｅｎｃｅ               ｏｒ               ｕｎｆａｉｒｌｙ               ｈａｚａｒｄｏｕｓ               ａｃｔｉｏｎ               ｔａｋｉｎｇ               ａ               ｔｏｌｌ               ｏｎ               ａ               ｐｅｒｓｏｎ               ｏｒ               ｐｒｏｐｅｒｔｙ. Ｈｏｗｅｖｅｒ,               ｔｈｅｒｅ               ａｒｅ               ａ               ｇｏｏｄ               ｎｕｍｂｅｒ               ｏｆ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒｓ               ｗｈｏ               ｃａｎ               ｓｏｌｉｃｉｔ               ｙｏｕ,               ｉｎ               ｃａｓｅ               ｉｆ               ｙｏｕ               ｇｏｔ               ｈｕｒｔ               ｂｙ               ａｎｙ               ｓｕｃｈ               ｍｉｓｈａｐｓ               ａｎｄ               ｗｉｌｌ               ｇｕｉｄｅ               ｙｏｕ               ａｂｏｕｔ               ｔｈｅ               ｐｏｓｓｉｂｌｅ               ｓｔｅｐｓ               ｔｏ               ｂｅ               ｔａｋｅｎ. Ｓｏ               ｉｆ               ｙｏｕ               ｔｈｉｎｋ               ｙｏｕ               ａｒｅ               ｅｌｉｇｉｂｌｅ               ｆｏｒ               ａ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｓｅｔｔｌｅｍｅｎｔ,               ｄｏｎ'ｔ               ｈｅｓｉｔａｔｅ               ｔｏ               ｃｏｎｔａｃｔ               ａ               ｓｏｌｉｃｉｔｏｒ               ｆｏｒ               ｙｏｕｒ               ｉｎｊｕｒｉｅｓ. Ｉｆ               ｙｏｕ               ｎｅｅｄ               ａ               ｓｏｌｉｃｉｔａｔｉｏｎ               ｉｎ               ｃａｓｅ               ｙｏｕ               ｈａｖｅ               ｇｏｔ               ａｎ               ｉｎｊｕｒｙ,               ｄｏ               ｈａｖｅ               ａ               ｔａｌｋ               ｗｉｔｈ               ｍｏｒｅ               ｔｈａｎ               ｏｎｅ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒｓ               ｗｉｔｈ               ｙｏｕｒ               ａｒｅａ. Ｔｈｉｓ               ｗａｙ,               ｙｏｕ               ｃａｎ               ｒｅｃｋｏｎ               ｂｅｔｗｅｅｎ               ｔｈｅｉｒ               ｏｐｉｎｉｏｎｓ               ａｎｄ               ｇｅｔ               ｍｏｒｅ               ａｗａｒｅ               ａｂｏｕｔ               ｔｈｅ               ｒｕｌｅｓ               ａｎｄ               ｐｒｏｖｉｓｉｏｎｓ               ａｐｐｌｉｃａｂｌｅ. Ｂｕｔ               ｉｔｓ               ｂｅｔｔｅｒ               ｔｈａｔ               ｙｏｕ               ｈａｖｅ               ｓｏｍｅ               ｈｏｍｅｗｏｒｋ               ｂｅｆｏｒｅ               ｙｏｕ               ｃｏｎｓｕｌｔ               ｔｈｅ               ｌａｗｙｅｒ               ｆｏｒ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｉｅｓ               ｓｏ               ｔｈａｔ               ｙｏｕｒ               ｄｉｓｃｕｓｓｉｏｎ               ｗｉｔｈ               ｔｈｅ               ｌａｗｙｅｒ               ｂｅｃｏｍｅｓ               ｍｏｒｅ               ｒｅｃｉｐｒｏｃａｌ,               ｏｒ               ａｔ               ｌｅａｓｔ               ｗｉｌｌ               ｇｅｔ               ｔｏ               ｔｈｅ               ｓｏｌｕｔｉｏｎｓ               ｍｏｒｅ               ｅａｓｉｌｙ.                Ｔｈｅ               ｂｅｓｔ               ｐａｒｔ               ｏｆ               ｔｈｅ               ｓｔｏｒｙ               ｉｓ               ｙｏｕ               ｎｅｅｄ               ｎｏｔ               ｔｏ               ｐａｙ               ａ               ｓｉｎｇｌｅ               ｂｕｃｋ               ｆｏｒ               ｉｎｔｅｒｖｉｅｗｉｎｇ               ｏｒ               ｈａｖｉｎｇ               ａ               ｎｅｅｄｆｕｌ               ｃｏｎｓｕｌｔａｔｉｏｎ               ｗｉｔｈ               ａ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒ,               ａｓ               ｂｅｃａｕｓｅ               ｍｏｓｔ               ｏｆ               ｔｈｅｍ               ｌｉｋｅｌｙ               ｔｏ               ｇｅｔ               ｐａｉｄ               ａｆｔｅｒ               ｔｈｅ               ｃａｓｅ               ａｒｅ               ｗｏｎ. Ｓｏ               ｗｈｅｎ               ｙｏｕ               ｒｅｃｅｉｖｅ               ｔｈｅ               ｍｏｎｅｙ               ａｆｔｅｒ               ｔｈｅ               ｊｕｄｇｍｅｎｔ               ｏｆ               ｔｈｅ               ｔｒｉａｌ,               ｔｈｅｙ               ｇｅｔ               ａ               ｃｅｒｔａｉｎ               ｐｅｒｃｅｎｔａｇｅ               ｆｒｏｍ               ｉｔ. Ｉｆ               ｔｈｅ               ｃａｓｅ               ｉｓ               ｎｏｔ               ｓｏｌｖｅｄ,               ｙｏｕ               ｏｗｅ               ｎｏｔｈｉｎｇ               ｔｏ               ｔｈｅ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒ.                Ｓｏ               ｆｏｒ               ｔｈｅ               ｉｎｉｔｉａｌ               ｃｏｎｓｕｌｔａｔｉｏｎ,               ｙｏｕ               ｎｅｅｄ               ｎｏｔ               ｔｏ               ｂｅ               ｂｏｔｈｅｒ. Ｙｏｕ               ｄｏｎ'ｔ               ｅｖｅｎ               ｈａｖｅ               ｔｏ               ｐａｙ               ｗｈｅｎ               ｙｏｕ               ｇｏ               ｆｏｒ               ａｄｄｉｔｉｏｎａｌ               ｍｅｅｔｉｎｇ               ｗｉｔｈ               ｙｏｕｒ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒ. Ｂｕｔ               ｎｅｖｅｒ               ｆｏｒｇｅｔ               ｔｏ               ｐｕｔ               ｉｎ               ｐｌａｉｎ               ｗｏｒｄｓ               ｔｈｅ               ｃａｕｓｅ               ｆｏｒ               ｔｈｅ               ｍｉｓｈａｐ,               ｈｏｗ               ｙｏｕ               ａｃｔｕａｌｌｙ               ｇｏｔ               ｈｕｒｔ               ａｎｄ               ｗｈｏ               ｍａｙ               ｂｅ               ｄｅｅｍｅｄ               ｌｉａｂｌｅ               ｆｏｒ               ｔｈｅ               ｉｎｊｕｒｙ. Ａｄｄ               ｄｏｃｔｏｒ'ｓ               ｒｅｃｏｍｍｅｎｄａｔｉｏｎ               ｔｏ               ｙｏｕｒ               ｓｅｔｔｌｅｍｅｎｔ               ｓｏ               ｔｈｅ               ｗｈｏｌｅ               ｐｉｃｔｕｒｅ               ｇｅｔｓ               ｃｌｅａｒｅｒ               ｆｏｒ               ｔｈｅ               ｌａｗｙｅｒ               ｙｏｕ               ｈａｖｅ               ｒｅｓｏｒｔｅｄ               ｔｏ. Ｍｏｓｔ               ｉｍｐｏｒｔａｎｔｌｙ,               ｉｆ               ｙｏｕ               ａｒｅ               ｉｎ               ｐａｒｔ               ｌｉａｂｌｅ               ｆｏｒ               ｔｈｅ               ａｃｃｉｄｅｎｔ,               ｄｏｎ'ｔ               ｈｅｓｉｔａｔｅ               ｔｏ               ｃｏｎｆｅｓｓ               ｔｈａｔ. Ｐｒｏｂｌｅｍｓ               ｅｘｐｌａｉｎｅｄ               ａｒｅ               ｌｉｋｅｌｙ               ｔｏ               ｇｅｔ               ｓｏｌｖｅｄ               ｉｎ               ｍｏｓｔ               ｃａｓｅｓ.                Ａｓ               ｏｆ               ｔｈｅ               ｆｅｅｓ,               ｉｔ               ｄｉｆｆｅｒｓ               ｆｒｏｍ               ｏｎｅ               ｌａｗｙｅｒ               ｔｏ               ａｎｏｔｈｅｒ. Ｇｅｎｅｒａｌｌｙ,               ｉｆ               ｔｈｅ               ｃａｓｅ               ｉｓ               ｓｅｔｔｌｅｄ               ｂｅｆｏｒｅ               ｉｔ               ｇｏｅｓ               ｔｏ               ｔｈｅ               ｔｒｉａｌ,               ｙｏｕ               ｈａｖｅ               ｔｏ               ｐａｙ               ａ               33%               ｏｆ               ｔｈｅ               ｆｕｎｄ               ｙｏｕ               ｒｅｃｅｉｖｅ               ｆｒｏｍ               ｔｈｅ               ｇｏｖｅｒｎｍｅｎｔ. Ｉｆ               ｔｈｅ               ｃａｓｅ               ｇｏｅｓ               ｆｏｒ               ａ               ｔｒｉａｌ,               ｙｏｕ               ｈａｖｅ               ｔｏ               ｐａｙ               ａ               40%               ｆｏｒ               ｔｈａｔ. Ｈｏｗｅｖｅｒ,               ｔｈｅｓｅ               ｆｉｇｕｒｅｓ               ｍａｙ               ｆｌｕｃｔｕａｔｅ               ａｃｃｏｒｄｉｎｇ               ｔｏ               ｔｈｅ               ｆｅｅ-ｓｔｒｕｃｔｕｒｅｓ               ｏｆ               ｄｉｆｆｅｒｅｎｔ               ｌａｗｙｅｒｓ. Ｈｏｗｅｖｅｒ,               ｆｉｎａｌ               ｄｉｓｃｕｓｓｉｏｎ               ａｎｄ               ｓｅｔｔｌｅｍｅｎｔ               ｏｆ               ｔｈｅ               ｉｓｓｕｅ               ｆｕｌｌｙ               ｄｅｐｅｎｄｓ               ｕｐｏｎ               ｔｈｅ               ｍｕｔｕａｌ               ｒｅｌａｔｉｏｎｓｈｉｐ               ｂｅｔｗｅｅｎ               ｙｏｕ               ａｎｄ               ｔｈｅ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒ               ｙｏｕ               ｏｐｔ               ｆｏｒ. Ｓｏ               ｄｉｓｃｕｓｓ               ｙｏｕｒ               ｃａｓｅ               ａｓ               ｍｕｃｈ               ａｓ               ｙｏｕ               ｃａｎ               ａｂｏｕｔ               ｉｔｓ               ｉｎｓ               ａｎｄ               ｏｕｔｓ               ｏｆ               ｔｈｅ               ａｃｃｉｄｅｎｔ               ｔｈａｔ               ｙｏｕ               ｈａｖｅ               ｇｏｎｅ               ｔｈｒｏｕｇｈ. Ｍａｊｏｒ               ｃｉｔｉｅｓ               ｉｎ               ＵＳ               ｈａｖｅ               ｇｏｔ               ｓｅｖｅｒａｌ               ｉｎｄｅｐｅｎｄｅｎｔ               ｐｅｒｓｏｎａｌ               ｉｎｊｕｒｙ               ｌａｗｙｅｒｓ               ｗｉｔｈ               ｔｈｅｉｒ               ｏｆｆｉｃｅｓ               ｔｈａｔ               ａｒｅ               ｒｅａｄｙ               ｔｏ               ｈｅｌｐ               ｙｏｕ               ｇｅｔ               ｔｈｅ               ｂｅｓｔ               ｐｏｓｓｉｂｌｅ               ｂｅｎｅｆｉｔｓ               ｗｈｅｎ               ｙｏｕ               ａｒｅ               ｉｎ               ｄｉｓｔｒｅｓｓ.                Ｒｅｓｏｕｒｃｅ:                               Ｔｈｅ               Ｒｅｅｖｅｓ               Ｌａｗ               Ｇｒｏｕｐ               ｉｓ               ｓｐｅｃｉａｌｉｚｅｄ               ａｓ               Ａ               Ｌｏｓ               Ａｎｇｅｌｅｓ               Ｐｅｒｓｏｎａｌ               Ｉｎｊｕｒｙ               Ｌａｗｙｅｒ               ｆｉｒｍ.                Ｔｈｅ               ｆｉｒｍ               ｈａｓ               ｓｏｌｖｅｄ               ｍａｎｙ               ｃａｓｅｓ               ｒｅｌａｔｅｄ               ｔｏ               Ｐｅｒｓｏｎａｌ               Ｉｎｊｕｒｙ               ｆｒｏｍ,               Ｂｕｒｎ               Ｉｎｊｕｒｙ               ｔｏ               Ｃａｔａｓｔｒｏｐｈｉｃ               Ｉｎｊｕｒｙ.

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