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Things to Know About Initial Consultation With an Injury Lawyer

January 16, 2021
Man in Pain — Central Valley, NY — Schonberg Law Offices

A personal injury lawyer can strengthen your case and increase your chances of settlement. Once you have identified a lawyer, they will schedule an initial consultation to discuss your case. The initial consultation can take place by phone or by a face-to-face meeting. Below are some things you should know about the first consultation.

It's Usually Free
The first thing to note is that the initial consultation is usually free. If you consult a lawyer with free initial consultation, they won't charge you whether they take the case. A free initial consultation is possible since most injury lawyers work on a contingency basis.

A contingency plan means the lawyer doesn't require upfront payment from you. The lawyer only gets their pay if they take your case and win. The payment is a percentage of the settlement or judgment.

The Assessment Goes Both Ways
  • The initial consultation allows both of you to assess each other. The attorney will gauge the opportunity to assess things like:
  • Whether you have a case
  • The strength of your evidence
  • The likelihood of getting a settlement
  • Your honesty
 At the same time, you will get the opportunity to assess the lawyer and determine whether they are right for your case. In this regard, consider things like
  • The lawyer's specialization
  • The lawyer's experience
  • The lawyer's personality
  • The lawyer's answers to your questions
Treat the occasion like a job interview where the lawyer is a potential employee. Some questions you can ask include:
  • Who will handle your case
  • How long the case will take
  • What the lawyer expects from you
Hopefully, you will find that you can work together by the end of the consultation.

The Consultation Is Privileged
The attorney-client privilege is a legal rule that keeps communication between lawyers and their clients confidential. The privilege means that your lawyer cannot divulge your information to other third parties. The rule encourages legal clients to be open with their lawyers to get the best legal advice.

What many people don't know is that the privilege covers the initial consultation. You don't have to hire a lawyer to enjoy this privilege. Any lawyer you consult won't reveal your information even if they don't take your case. Thus, you should be utterly honest with your lawyer from your first consultation onwards.

Multiple Outcomes Are Possible
Lastly, you should approach the initial consultation with an open mind. Know that multiple outcomes are possible, depending on the consultation. For example, at the end of the consultation, the lawyer might:
  • Agree to take your case
  • Decline your case
  • Ask for time to review your case
You also have a say on the consultation's outcome. You must permit the lawyer to proceed with the case before they can take any further action.

Note that your case is not dead even if the first lawyer turns you down. For example, a lawyer might decline your case to avoid a conflict of interest. Maybe the lawyer already represents your case's defendant, and they can't represent you. Maybe the lawyer is not a good fit for your case due to the legal specialization it requires.

In any case, the lawyer will advise you on the best way forward. For example, in case of conflict of interest, the lawyer may refer you to another lawyer for another initial consultation.

Schonberg Law Offices has practiced personal injury law for over 30 years. We have useful experience with negotiation and litigation. Thus, we can help you pursue your damages, whether it settles out of court or goes to trial. Contact us for a free initial consultation to determine the best way to proceed with your case.

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