Truck Accident Lawyer Duties of Truck Accident Lawyer 3 — Questions and Answers
Question 1: What is the lawyer's duty regarding the duty of confidentiality?
- Share case details on social media for publicity
- Protect all information relating to the client's case (Correct answer)
- Discuss the case with the opposing insurer freely
- Tell the client's employer the settlement amount
Correct answer: Protect all information relating to the client's case
A lawyer must keep client information confidential unless the client consents or the law requires disclosure.
Question 2: Why might a truck accident lawyer retain an accident reconstruction expert?
- To replace the need for a lawyer
- To scientifically establish how the crash occurred and who was at fault (Correct answer)
- To negotiate the contingency fee
- To file the police report
Correct answer: To scientifically establish how the crash occurred and who was at fault
Reconstruction experts use physics and evidence to demonstrate fault, strengthening the client's case.
Question 3: What is the lawyer's duty when calculating a client's damages?
- Only count the emergency room bill
- Account for medical costs, lost wages, future care, and pain and suffering (Correct answer)
- Estimate a round number without records
- Exclude future losses entirely
Correct answer: Account for medical costs, lost wages, future care, and pain and suffering
A thorough damages calculation includes economic and non-economic losses, both present and future.
Question 4: What duty does a contingency fee arrangement create for the lawyer?
- To collect fees even if the case is lost
- To clearly disclose the fee percentage and only recover from a successful outcome (Correct answer)
- To charge hourly on top of the percentage secretly
- To require payment before any work begins
Correct answer: To clearly disclose the fee percentage and only recover from a successful outcome
In a contingency arrangement the lawyer's fee must be disclosed in writing and is paid only if the client recovers.
Question 5: What is the lawyer's duty when a conflict of interest arises between two potential clients in the same crash?
- Represent both and hope it works out
- Decline or withdraw unless conflict rules permit informed consent (Correct answer)
- Charge both double
- Pick the one who pays cash
Correct answer: Decline or withdraw unless conflict rules permit informed consent
Ethical rules require a lawyer to avoid conflicts that could compromise loyalty unless valid informed consent is obtained.
Question 6: What is the lawyer's duty regarding the client's medical treatment records?
- Alter them to look worse
- Gather and organize complete records to document injuries (Correct answer)
- Discard older records
- Refuse to review them
Correct answer: Gather and organize complete records to document injuries
Collecting accurate and complete medical records is essential to proving the extent of the client's injuries.
Question 7: What duty does a lawyer have if they lack experience in trucking litigation?
- Take the case and learn nothing
- Decline, associate competent co-counsel, or become competent before proceeding (Correct answer)
- Refer it to the insurer
- Settle immediately for any amount
Correct answer: Decline, associate competent co-counsel, or become competent before proceeding
The duty of competence requires the lawyer to gain the needed knowledge, associate qualified counsel, or decline the matter.
Truck Accident Lawyer Duties of Truck Accident Lawyer 3
What is the lawyer's duty regarding the duty of confidentiality?