Justin L. Lawrence, PSC

Attorney at Law

Making things better, one case at a time.

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FAQ

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FAQ

+ How soon should I see a lawyer if I think I need one?

The safe answer is "As soon as possible". The deadline for filing documents and actions can be as short as ten (10) days, such as for filing some appeals, or as long as fifteen (15) years, such as for some kinds of contractual disputes. The bottom line is, if you miss your deadline, you are probably out of luck. Calling a lawyer immediately is essential to preserve all your claims.

+ If you are only licensed in Kentucky, does that mean you can't work on cases outside of Kentucky?

No, although it does mean that another attorney will have to be brought in to assist with your case. Fortunately, this office has established working relationships with attorneys in Ohio, Indiana, Texas, Michigan, West Virginia, and Virginia for a variety of cases. Further, some cases can be filed in Kentucky even if you live outside the state.

+ Will anyone else be working on my case?

Yes, secretaries, paralegals and/or clerks will assist the attorney in working on your case. In cases where an up front retainer is required, there is no additional charge for their services. In personal injury cases, the time billed for these assistants may show up as an expense, although as a matter of practice, usually only extensive work in cases lasting longer than six months actually receive these kinds of bills. In cases where clients are charged an hourly rate, these expenses will be billed separately from the attorney's hours, and will be noted as such.

However, you will be advised if another attorney will work on your case, and the other attorney will wait on your permission before joining the legal team. If another attorney does work on your case, he will bill separately in the case of the hourly billing. In the case of retainer or contingency fee work, the attorney's fee will not change, but will be divided among the attorneys.

+ Will the lawyer recommend another attorney or firm if this one is unable to handle your case?

Yes. Sometimes a specific lawyer is referred, and other times potential clients will be referred to the attorney referral hotline of their local Bar Association.

+ At the first meeting, can I ask about the possible outcome of the case?

Certainly, but be aware that the answer will probably be that more research of law and investigation of facts is necessary before any accurate prediction can be made. Some types of cases - especially certain criminal charges - are so common that some prediction can be made, but under no circumstances can any lawyer guarantee an outcome. Beware of any lawyer that does so.

+ What kinds of fees and costs will be charged to me?

This depends completely upon the kind of case you intend to pursue. Be sure to ask the attorney about this when you are reviewing the contract. In any event, all fees and expenses will be shown to you at the end of your case. Itemized statements of expenses are also available on request.

+ Should I "shop around" for the cheapest lawyer I can find?

With legal advice, you get what you pay for. Although you should not expect to get good legal advice without paying for it, you should not pay for anything you can't actually receive. As with any purchase, be sure to weigh the cost of purchase against the benefit of what you receive.

+ Is most of a lawyer's time usually spent arguing cases in court?

No. A lawyer normally spends more time in an office than in a courtroom. The practice of law most often involves researching legal developments, investigating facts, writing and preparing legal documents, giving advice, and settling disputes. Laws change constantly. New law is enacted and prior law is amended and repealed. In addition, judicial decisions in court cases regularly alter what the law currently means, whether the source of law is the United States Constitution or a state constitution; federal or state statues; or federal, state, and local codes and regulations. For these reasons, a lawyer must put much time into knowing how the laws and the changes will affect each circumstance.

+ Can I trust a lawyer, considering all the horrible things I hear about them?

Honestly, it probably depends on the lawyer. But the persistent rumor that all lawyers are untrustworthy in some way is completely false. Lawyers have very stringent ethical rules they have to follow, especially regarding the handling of money and the representation of clients. Judges rules are even more stringent. To check your potential attorney out, search the attorneys' Bar Association to see if they have any ethical complaints or malpractice suits filed against them (use www.kybar.org to check this attorney's record). Also, check to see how the attorney is rated on www.martindalehubble.com (but registration with this site is voluntary and at the discretion of the website, so don't be alarmed if your attorney doesn't show up in their records).

+ Will my personal Injury award be taxed?

Generally, no. Under section 104 of the Internal Revenue Code, a taxpayer's gross income does not include any damages that are received on account of personal physical injuries or sickness. It does not matter whether the damages have been obtained by a court order or through a negotiated settlement. It also does not matter whether the damages are paid in a lump sum or in accordance with a structured settlement that provides for periodic payments. Therefore, any monetary payments to a plaintiff for the plaintiff's physical injuries are not taxable to the plaintiff. However, you should be sure to mention these proceeds to your accountant at the end of the year in which you receive them. The accountant may have additional information that affects your tax liability.