Question:  What will this cost me?

Answer:  Using an experienced attorney can actually increase the amount of money you will be paid to compensate you for the accident so that even after the attorney's fee is paid you will have more money in your pocket than if you attempted to represent yourself.  An experienced trial attorney knows what you are entitled to receive as compensation.  He or she knows all that you should receive to put you back in the position you were in immediately before the accident, and the insurance companies know this.  Having an experienced trial attorney on your side, representing only you, tells the insurance company that you are serious about protecting your rights.  They know better than to try to low-bail offer, misrepresent their obligations or tell you that you have to take whatever they offer.  Peace of mind from knowing your interests are being protected allows you to get back to your life with as few delays as possible and with a settlement that fairly compensates you for the accident.

Question:  What is a contingency fee?

Answer:  A contingency fee has been called the poor man's key to the courthouse.  You agree to pay a percentage of the amount your attorney obtains for you in exchange for the legal representation and expertise of the attorney.  This fee is paid from the proceeds of the settlement so you do not have to pay any money out of your own pocket to get aggressive protection of your rights.  If there is no recovery, there is no fee.

Question:  Will I have to sue?

Answer:  Sometimes a lawsuit is the only option when the insurance company offers an unfair settlement amount.  It is then necessary to sue to protect your rights to full and fair compensation.  An experienced trial attorney can calculate the value of your case so you will know whether the offer from the insurance company is adequate or not.

Question:  Who is a lawyer?

Answer:  A lawyer is an officer of the court, authorized to explain the law to his clients and to represent them in court, in Florida, in order to qualify for admission to the Bar a person must be a citizen of the United States and must have completed at least seven years of college training, three of them in an accredited law college.  An applicant's character must be approved after a searching investigation of his moral fitness to practice law.  Finally, he (she) must successfully pass a rigorous examination in many fields of law given by the Florida Board of Bar Examiners, under the general supervision of the Florida Supreme Court.

Question:  What are a lawyer's duties?

Answer:   A lawyer's first duty is to see that persons who employ his services are given the benefit of all the legal rights they enjoy in connection with the problems they present.  The lawyer is sworn to conduct all cases in an orderly manner and so that they may be decided upon their merits.  The lawyer may not make any agreements or incur any obligations which might jeopardize his client's interests.

Question:   Can anyone practice law?

Answer:   Only duly admitted members of the Bar may practice law (except that any responsible adult may appear in court for himself in an action in which he is a direct party).  Before a person can be a lawyer and represent another in court, or make a practice of giving legal advice, he must have met the high standards laid down by the Supreme Court for admission to the Bar.  This restriction is for the protection of the public.  There are approximately 50 different fields of law.  Any set of facts may involve one or more of these fields.  While a non-lawyer might have a good deal of knowledge about one particular field or subject, such as real estate or insurance, it is impossible for a non-lawyer to be familiar with the whole body of law, even in a particular field, not to mention laws concerning other subjects likely to be involved.  To protect the individual member of the public who needs truly expert help, the right to practice law is vested exclusively in trained experts.

Question:  What services does a lawyer render?

Answer:   A lawyer can help whenever you have a problem or perform an act that involves the law.  Any business transaction, any instrument you sign or agreement you make, any accident you have, and countless other situations may require the advice of your lawyer.  Your lawyer can give you advice on your legal problems by telling you what to do or not to do; can prepare written instruments, such as contracts and deeds; may be able to settle disputes for you out of court with a saving of trouble and expense; represent you in the civil courts where disputes over property, money, damages, and family relationships are determined and can render innumerable other services because of the training and experience in the law.  Here are just a few of the many common problems in which a lawyer can be of help: 

Question:   When is the best time to go to a lawyer?

Answer:   The best time is before, not after you are in some legal trouble.  Just as your doctor can better help you if he is given a chance to practice preventive medicine, so your lawyer can save you both money and difficulties if you consult with him first when any legal change in your position is planned.

Question:  How does a lawyer charge for services?

Answer:   A lawyer generally makes only a nominal charge, if any, for your first visit.  Only when he spends actual time in working on a case does he charge a fee.  When a monetary settlement is involved, you may be charged on a percentage basis.  More often, the charges are for actual time spent on such details as assembling facts and looking up the many possible laws affecting the case.  When a lawyer charges for "advice", he does not mean an offhand personal opinion.  "Advice" refers to a conclusion reached by an attorney after perhaps hours or days of combing through volumes of law to be sure he has exhausted the authorities and found all the law affecting your case.

Question:  Can a lawyer tell in advance what his charges will be?

Answer:   Sometimes.  For example, a lawyer can usually set a fee for writing a warranty deed.  On the other hand, it may be hard to set a definite advance fee in such matters as representing a defendant in a suit.  Often neither the lawyer nor the client can tell at first how much work will be involved, so setting a fee would be like setting a price on an automobile without knowing whether it is new or used, whether it is a limousine or a low-priced compact.  However, you can tell your lawyer how much you can spend, and he may agree not to do anything over that amount without your approval.  You may discuss the matter of fees with your lawyer at any time.

Question:  What is your duty to your lawyer?

Answer:   You should give your lawyer all the facts concerning your case and make a full and fair disclosure of the entire situation.  He needs all the facts you can give him because the application of the law may vary with each fact and circumstance.  The relation between lawyer and client is confidential.  Any confidential information that a client gives his lawyer, even the confession of a crime, is considered a privileged communication, and the lawyer cannot divulge it without the client's consent.  A lawyer, furthermore, cannot represent both sides, except by express consent of all concerned, given after a full disclosure of the facts.

Question:  What is the lawyer's duty in civil cases?

Answer:   A lawyer's whole career depends upon unswerving loyalty to his clients.  He may, however, see weakness in a particular case and know that a court fight will be both expensive and probably futile for his client.  In such a case, he may advise the client to bargain or, with his client's permission, he may bargain on behalf of the client.  It has been said that a settlement, even though for an amount less than claimed, may be far better than an expensive, lengthy lawsuit, resulting in uncertainty.  Litigation can be a luxury.  Lawyers recognize this and pursue conciliation and settlement whenever possible and advisable.

Question:  Why such complicated laws?

Answer:   We have many thousands of laws.  Our legal system in America is more complicated than most because we have a system of state governments within the federal government.  This means a double system of laws.  Both state and federal governments have separate legislative and judicial branches, as well as various departments, bureaus, and commissions.  We live by a system of legislative laws, directives, regulations, and constitutional provisions superimposed upon the vast common law and rules of equity (fairness) developed over centuries of time by the courts in England and in this country.  The system cannot well be simplified because each law or rule was framed to govern some situation arising in our very complex modern commercial and social life.

Question:  What is "Preventive" Law?

Answer:   A person too often thinks of his lawyer as a "last resort," to be consulted only when a dispute seems likely to result in litigation.  Many disputes could be avoided, at small cost to the client, by agreements and contracts correctly and properly drawn and phrased in the first place.  An ounce of prevention is worth a pound of cure in the courts.  Many lawyers have experienced the futility of trying to protect a client who has carelessly signed away his rights before ever seeking legal advice.  As a service to the public, The Florida Bar and local bar associations have undertaken a program designed to point out, through leaflets, television and radio public service announcements and other means, some of the situations in which "preventive" law will help people avoid trouble and loss.

Question:  Why Bar Associations?

Answer:   All persons entitled to practice law in Florida, including judges, must be members of The Florida Bar, although only those engaged in the practice of law are eligible to vote or hold office.  The Florida Bar was created "for the purpose of inculcating in its members the principles of duty and service to the public, improving the administration of justice, and advancing the science of jurisprudence."  Committees of The Florida Bar are working constantly for improvement of the law and for the public welfare.  In addition, in each of the 20 judicial circuits into which Florida has been divided; one or more local (that is, city, county, or circuit) bar associations have been organized.  These are voluntary organizations of lawyers and judges and have the same purpose as The Florida Bar, with similar committees working on the local level.