Choosing an Attorney
We believe that our clients should
understand their legal rights.
If you or a family member has been defrauded by an
automobile dealer or other merchant, or if you purchased or leased
a defective automobile, you have many important decisions to make.
To protect you in this particular case, the old adage
of "you get what you pay for" comes to mind. The attorney
who works on a contingent fee basis only gets paid when your case
is over with and that usually means "the sooner the better"
for them, which may not be the "better" for you.
You need an attorney who knows what he is doing, who
has the experience to do it right the first time, and who is willing
to take your case to trial if the defendant is not willing to settle
the way you want. Being able to meet with the attorney, if you
wish, can be an important way to learn the answers to your questions.
Also, the law can be different from state to state, so you may want
to be sure your attorney actually is located in your state.
Courts frequently require attorneys to appear at the
courthouse and if your attorney has to fly in from some other state,
or hire another attorney to "stand in" for the case, you should
question whether this will influence the attorney's advice to you
about any settlement offer made by the other side in your case.
We believe it is important for you to consider the
following:
Make and keep
records.
Regardless of who may be at fault, the dealer or the manufacturer,
it is helpful to obtain a copy of your repair documents from the
dealership (they call them "repair orders"), learn the identity
of the people you deal with at the dealership and who you talk to
from the manufacturer (on the telephone or in person) and keep records
of the names and dates and conversations. You should keep copies
of receipts of all of your expenses which are related to the vehicle,
including insurance and loan payments and repair costs which you
think you should not have had to pay, as well as rental car expenses.
You do not have
to sign anything.
You may not want to give an interview or a recorded statement to
someone from the manufacturer without first consulting with an attorney,
because the statement can be used against you. If you may be at
fault for lack of maintenance or failing to timely report a defect,
it may be advisable to consult an attorney right away. However,
if a defect in your vehicle causes an accident, and you have insurance,
your insurance policy probably requires you to cooperate with your
insurance company and to provide a statement to your insurance company.
If you fail to cooperate with your insurance company, it may void
your coverage. That will not have anything to do, in most cases,
with the responsibility which the manufacturer may have to you for
a defective vehicle.
You against them.
Your interests and those of the car dealership or the manufacturer
are in conflict. Your interests may also be in conflict with your
own insurance company, if the defect has caused an accident for
example. Even if you are not sure who is at fault, you or the manufacturer
or the car dealership, you should contact your own insurance company
if the defect causes an accident, and advise the company of the
incident in order to protect your insurance coverage. If you are
not sure whether the car dealer or the manufacturer is at fault
for your defects, then you should contact an attorney.
There is a time limit to file a claim.
Legal rights, including filing a lawsuit or an insurance claim,
are subject to time limits. You should ask what time limits apply.
You may need to act immediately to protect your rights.
Get it in writing.
You may want to request that any offer of settlement from the car
dealer or the manufacturer be put in writing, including a written
explanation of the type or amount of damages which they are willing
to cover.
Legal assistance
may be appropriate.
You may consult with an attorney before you sign any document or
release of claims or agree to any "arbitration" process. A release
may cut off all future rights against others, obligate you to repay
past expenses of the dealership or manufacturer, or jeopardize your
own future rights or benefits. You always have the right to discuss
the matter with an attorney of your choice.
How to find an attorney.
If you need professional advice about a legal problem but do not
know an attorney, you may wish to check with relatives, friends,
neighbors, your employer or coworkers who may be able to recommend
an attorney. Your local bar association may have a lawyer referral
service. That can be found in the yellow pages of the phone book.
You also can look on the internet for information about attorneys.
Of course, we think you have found the best attorney for your "lemon
law" and "consumer law" problem right here already.
Check a Lawyer's
qualifications.
Before hiring any lawyer, you have the right to know the lawyer's
background, training and experience in dealing with cases similar
to yours. Does the lawyer have more than 22 years of experience
in representing people like you against car dealers and car manufacturers?
Has the lawyer handled thousands of cases like yours already? Has
the lawyer argued cases in the Court of Appeals as well as the Ohio
Supreme Court which are similar to yours? Has the lawyer appeared
in Federal Courts in cases like yours as well as State courts?
Has the lawyer actually handled a trial similar to what your case
has involved in it, or will you be his/her "learning experience?"
How much will it
cost?
In deciding whether to hire a particular lawyer, you should discuss,
and the lawyer's written fee agreement should reflect:
- How is the lawyer to be paid?
- If you already have a settlement offer, how will
that effect the attorney fee agreement?
- How are the expenses involved in your case going
to be paid (such as telephone calls, deposition costs, expert
witness fees, etc.)?
- Will these costs be charged to you as they are
incurred, or will you be "surprised" by them at the end of the
case?
- Since you may be obligated to pay all expenses
even if you lose your case, how will payment be arranged if
you have not been making regular payments along the way?
- Who will handle your case? If the case goes
to trial, who will be the trial attorney (the attorney you are
talking with, or someone else who has never handled a case like
yours but works in the same attorney's office or who is a friend
of the attorney)?
This information is not intended as a complete description
of your legal rights, but as a check list of some of the important
issues that you should consider.
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