How to Prepare for a Lawyer Consultation

September 13th, 2011. By Kristine B

So you think you’ve been harmed by a drug or a medical device, or some form of financial fraud but aren’t certain. You’re considering a lawsuit but aren’t really sure what to do. You’d like to speak with an attorney but aren’t sure what information to bring with you or how to prepare. This week, Pleading Ignorance looks at the steps you can take to help prepare for a lawyer consultation, so your lawyer can determine if you have a legitimate claim.

1) Keep Detailed Notes…Create a Log

Once you think there may be a problem, make detailed notes about the incident, injury or harm in question. This includes the date of the harm, any appointments linked to your harm, key events in your dispute—including when any phone conversations and email correspondence took place—and any other background facts you might have. Be sure to include information about anyone you have seen in relation to your complaint. (In the case of drug side effects, that would include doctors, surgeons, specialists and so on. In the case of financial fraud, that would include financial advisors, stockbrokers and companies you dealt with.)

For example: if your concern is about a drug’s harmful side effect, include notes about when you first started the drug, when you noticed the side effects, any information provided by the doctor about your side effects, whether you have a history of problems with similar medications and why you were put on the medication. Also keep notes about how the side effects have affected you. Have you missed days from work? Has it impaired your ability to work at all? Have you required expensive medication or extensive rehabilitation?

When it comes to providing the attorney with information, the more the better. Don’t exclude information or details that you think might be “unimportant”—the attorney will decide which details will be critical to your claim.

2) Keep Paperwork…Create a File of Documents, Statements, Emails, Bills, Medical Records

This includes any correspondence regarding your situation. In the case of a medical dispute, this includes correspondence between you and your doctor (if there is any), test results, drug warning labels, receipts for medication, insurance claims, any information given about the drug or medical device in question. In the case of a financial dispute, this includes contracts, monthly or quarterly statements, any correspondence between you and your financial broker or advisor, any marketing materials you were given about the investment and so on.

Some paperwork might not seem important at the time but may become important later. For example, if you clipped an ad for a drug that claimed the drug was safe and you kept that clipping, bring it in to show the lawyer.

3) Be Honest with your Attorney…”Hiding” Details won’t Help your Case

Your attorney cannot help you if you don’t provide all the important facts. If you were taking several medications at once, the attorney needs to know this, even if your claim is that only one of the medications caused you harm. If you already suffered back pain before your car accident, tell your attorney. Don’t keep secrets from your lawyer, or it’ll be much more difficult for her to make your case.

4) Don’t Procrastinate…the Sooner the Better to Contact an Attorney

Many lawyers have turned down completely legitimate cases because the statute of limitations has run out. Don’t assume that you have a long time to file a claim. In some states, the statute of limitations is as short as a year, and depending on your circumstances (such as in the case of a car accident), paperwork may have to be filed within months of the incident. Even if you think you have time, remember it takes an attorney time to gather facts about your case before filing a claim, meaning that seeing an attorney one day before the statute of limitations runs out might be too late.

5) Prepare Questions for the Attorney…You’re Interviewing him as well

Before you hire an attorney, you should ask some questions yourself. These include:

• How many similar cases has she handled?
• What was the outcome of those cases?
• What are some potential problems she can foresee with your case?
• How long will it potentially take to resolve your situation?
• How would the lawyer handle your situation?
• Will the lawyer handle your case personally or will someone else handle your case?
• What are your legal options?
• Is she willing to consider a settlement in your case?
• How will she be paid?
• Is she aware of litigation similar to yours and how that litigation has gone?
• What is the statute of limitations in your case and how will that affect you?

6) Have Realistic Expectations

Lawsuits can take years to resolve. Don’t expect to go to an attorney’s office and have an immediate resolution to your case. Lawsuits are long and often complex processes, so expect to be in it for the long haul.

Remember that each lawsuit is different, even if they seem similar on the outside. An award of $10 million in one case does not mean you’ll get $10 million in yours, even if it appears that you have the same claim. There are many factors that go into an award and no two claims are identical.

Remember, too, that although the media likes to play up “frivolous” lawsuits—like the mother who sued Chuck E. Cheese for promoting childhood gambling—making it seem like anyone can file and win a lawsuit for any reason whatsoever, the reality is that some lawsuits are simply not able to proceed even though there has been an apparent injury. This might happen, for example, with a drug lawsuit in which a plaintiff claims harm from the drug, but no studies exist to prove outright that the drug, indeed, was the cause of the harmful side effect. Regardless, in the example of a bad drug complaint, your attorney—and only an attorney—would be able to assess the details of your complaint to see whether you might have a negligence, malpractice or defective product claim. So it’s always wise to consult with an attorney first—even though you may not wind up having a case.

By keeping detailed notes, holding on to paperwork and having realistic expectations, you make life easier for you and your attorney. Having at least some of that information from the get-go can make it easier for an attorney to determine if you have a legal claim.

Tags: find lawyer, lawyer consultation, lawyer notes, Lawyer Questions, prepare for lawyer, Questions for Attorney

This was posted on Tuesday, September 13th, 2011 at 7:09 am and is filed under Pleading Ignorance . Feel free to respond, or trackback. Read our comments policy.