Write a summary of this paragraph, in your own words.

Hire an Attorney

As mentioned, rules of procedure often affect the outcome of a disputea fact that highlights the importance of obtaining the advice of counsel. The first step taken by almost anyone contemplating a lawsuit is to seek the guidance of a licensed attorney. In the hypothetical Kirby-Carvello case, assume that Kirby consults with a lawyer. The attorney will advise her regarding what she can expect in a lawsuit, her probability of success at trial, and the procedures that will be involved. If more than one court would have jurisdiction over the matter, the attorney will also discuss the advantages and disadvantages of filing in a particular court. In addition, the attorney will indicate how long it will take to resolve the dispute through litigation in a particular court and provide an estimate of the costs involved. The attorney will also inform Kirby of the legal fees that she will have to pay in an attempt to collect damages from the defendant, Carvello. Attorneys base their fees on such factors as the difficulty of the matter at issue, the attorneys experience and skill, and the amount of time involved. In the United States, legal fees range from $200 to $700 per hour or even higher (the average fee is between $200 and $450 per hour). The client normally must also pay various expenses related to the case (called out-of-pocket costs), such as court filing fees, travel expenses, and the costs of expert witnesses and investigators. Types of Attorneys Fees For a particular legal matter, an attorney may charge one type of fee or a combination of several types. Fixed fees may be charged for the performance of such services as drafting a simple will. Hourly fees may be charged for matters that will involve an indeterminate period of time. The amount of time required to bring a case to trial, for instance, probably cannot be precisely estimated in advance. Contingency fees are fixed as a percentage (usually 33 percent) of a clients recovery in certain types of lawsuits, such as a personal-injury lawsuit.Footnote If the lawsuit is unsuccessful, the attorney receives no fee, but the client will have to reimburse the attorney for all out-of-pocket costs incurred. Because Kirbys claim involves a personal injury, her lawyer will likely take the case on a contingency-fee basis. In some cases, the winning party may be able to recover at least some portion of her or his attorneys fees from the losing party. Settlement Considerations Once an attorney has been retained, the attorney is required to pursue a resolution of the matter on the clients behalf. Nevertheless, the amount of resources an attorney will spend on a given case is affected by the time and funds the client wishes to devote to the process. If the client is willing to pay for a lengthy trial and one or more appeals, the attorney may pursue those actions. Often, however, after learning of the substantial costs that litigation entails, a client may decide to pursue a settlement of the claim. Attempts to settle the case may be ongoing throughout the litigation process. Another important consideration in deciding whether to pursue litigation is the defendants ability to pay the damages sought. Even if Kirby is awarded damages, it may be difficult to enforce the courts judgment if the amount exceeds the limits of Carvellos automobile insurance policy. (We will discuss the problems involved in enforcing a judgment later in this chapter.)