The Court Of Public Opinion

In this economy, you may think twice before consulting an attorney to avoid the fees. Sometimes thats a good idea. Sometimes its not and can cost you lots more in future litigation. Here are some basic guidelines relating to two important issues contracts and insurance - to help decide when to use an attorney and how to use them efficiently.

Contracts.

A good contract is the basis for any smooth business relationship. Contracts are essential. Not only do they clarify roles, responsibilities and ownership issues, they limit potential liability. Attorneys can help you draw up a contract that covers all your bases, but if you want to use your attorney efficiently, do some homework first.

Sit down and in your own words define the relationship youre setting up and describe those who youre setting it up with. Anticipate industry-specific issues that affect your risks and liabilities in the contract. Point out best and worst-case scenarios that affect the success of your product and how that will affect the contracted parties. Address ownership issues. Now set up a meeting with your lawyer.

You may think that signing a contract is a simple proposition. Just read what it says. Wrong! Its not only what a contract says, but rather what it doesnt say that matters. A contract can be deliberately written to be ambiguous and open to various interpretations, which are not always in your favor. Often, you are so personally involved in the contract negotiations agreeing to amendments, changing clauses day by day that you feel that after all the discussion, it MUST be right. Before you sign, have an attorney look at it. What you gain from an objective eye is far greater than what you pay in fees. You can add protective steps to your contracts, which may help in cases that lead to litigation. Include a provision in contracts that states that if you need to sue, legal fees are recoverable for non-performance or payment. You will probably have to include a reciprocal clause for the other party. You could also include a dispute resolution clause that specifies the use of binding arbitration. You can even specify a mutually agreed upon arbitrator in advance.

Insurance

Whether youre buying or renewing insurance be wary! Dont be intimidated by complicated language. Ask all the questions you need to thoroughly understand your policy. If your policy is just incomprehensible, ask your agent to suggest a plain language policy.

Legally, any renewal is considered a new contract. Dont assume you are getting the same coverage! Read the renewal policy carefully. Ask your agent to confirm in writing whether there are any changes in the renewed policy, and, if so, then what are they so that you are not surprised after a loss.

If a claim is filed against you, immediately notify your insurance company and agent by certified letter, even if you dont think youre covered. This is your responsibility. Failure to notify your insurer of an insurance claim is a cause for non-payment of your claim.

If your insurance company or broker denies claim coverage, contact an attorney. Dont try to negotiate on your own. It is our experience that insurance companies deny responsibility too frequently. An initial denial of your claim my simply be a negotiating tactic.

If you have a dispute with your insurance company, consult your policy to find out how much time you have to start a lawsuit and contact an attorney well before that time expires.

Remember, the money you spend now for legal fees to prevent future problems is a drop in the bucket compared to the fees you will pay in future litigation. If you use your attorney wisely, it could be one of the best investments you make.

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You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don’t you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will probably go to their shareholders or to increased salaries or ?. Why shouldn’t you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That’s great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side’s insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can get away with paying much less than the claim may be worth. Additionally, what people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be ok by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

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Copyright 2004 Resources For Attorneys. All Rights Reserved Worldwide.

The following article was written for Resources For Attorneys.com by David Hallstrom, a private investigator, he is not now nor has he ever been an attorney.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.

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Every case is different and there are no guarantees. Below are rough answers to some questions we hear frequently.

Q: Will I have to go to Court for my speeding ticket?

A: It depends. Without a lawyer you usually do have to appear in Court. In most courts, good lawyers can resolve your speeding ticket or other traffic charge without you having to go to Court. Criminal Procedure Law 340.50(2) allows for a lawyer to appear on your behalf, if the proper paperwork is taken care of. It is possible that the prosecution will object, but that is not common. There are a few courts in the area where you will have to attend, but that is rare.

Q: Do I need a lawyer for a speeding ticket?

A: No, but in many courts a lawyer will get you a better deal than you will get for yourself, with fewer points, a lower fine, less impact on your insurance, and less hassle.

Q: Will my insurance rates go up if I get a speeding ticket?

A: A speeding conviction or other moving violation will be reported on your New York State driving record. If you are insured in New York, points on your license can affect your insurance. It is possible that your insurance company wont find out, but the odds are that they will. The best way to keep your rates down is to get a good lawyer to negotiate to get you a reduction. Insurance Law 2335 discusses in detail what violations can be used by insurance companies to raise your rates. A good lawyer will consider those rules in resolving your ticket.

For out-of-state drivers, there is no simple answer. It is our understanding that New York State reports moving violations to the Drivers License Compact, and that this can affect insurance rates for out-of-state drivers. It seems like this is applied inconsistently. In some cases the home state never finds out. We have seen cases where they do. It is also our understanding that New York reports moving violations of Quebec and Ontario drivers directly to those provinces.

For New York drivers who get out-of-state tickets, these generally will not affect you. The exception is tickets in Quebec and Ontario. However, it is always possible that your insurance company will find out, and if they do, your rates might go up. Under Insurance Law 2335, it should not affect you in New York, but that doesn’t mean they won’t try.

When good lawyers negotiate plea bargains, they minimize the impact on your insurance rates. For out-of-state drivers, a lawyer might seek a reduction to something that has points in New York but not in your state or province.

Q: Can we beat a speeding ticket or traffic charge?

A: Most speeding tickets and traffic charges are difficult to beat and it will cost a lot more to fight than to make a deal. The police usually do a good job and most defendants are guilty. Still, the police sometimes slip up. The most common way you can beat a ticket is if the officer doesnt show up. That is very rare. The main reason you would fight a ticket is if you already have several points and you cant get a reduction that will save it. Also, if your job requires a clean license, it may be cost effective. You should discuss this with an experienced traffic lawyer.

Q: What do lawyers charge for a speeding ticket?

A: In upstate New York fees seem to range from $200 to $500 for most ordinary tickets. If it is a case that will go to trial, the fees would be higher, perhaps $1000 or more. Fees for tickets in New York City and downstate counties tend to be higher.

Q: What is the point system?

A: When you get convicted of a moving violation the DMV records points on your New York license. All moving violations are at least two points. Most are three points or more. New York recently added a new surcharge of $100 per year for three years if you get six points, plus $25 per year for each additional point.

The following table shows the point values assigned to moving traffic violations. The points are assessed against your driving record based on the date you committed the violation, not the date you were convicted in court. If you accumulate 11 or more points in 18 months, you will be called to a DMV hearing, after which your license may be suspended or revoked. You will be offered the option of waiving the hearing or accepting a definite period of suspension.

Some license revocations and suspensions are mandatory and do not depend on points. These include three speeding violations within 18 months, and convictions involving alcohol or drugs. VIOLATIONS POINTS
Speeding (mph over posted limit)
1 to 10 3
11 to 20 4
21 to 30 6
31 to 40 8
More than 40 11
Reckless Driving 5
Failure to stop for a School Bus 5
Following too closely (tailgating) 4
Inadequate Brakes 4

(while driving employers vehicle) 2
Failing to Yield Right-Of-Way 3
Violation Involving Traffic Signal, Stop Sign, or Yield Sign 3
Railroad Crossing Violation 3
Improper Passing or Lane Use 3
Leaving scene of an incident involving property damage or injury to an animal 3
Child safety restraint violation 3
Any other moving violation 2

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