Answering Common Questions About Defending Yourself Against A Lawsuit

10 May 2015
 Categories: Law, Blog


Being involved in a lawsuit and be a highly stressful event,and this is especially true if you are the defendant. A judgment against you can result in substantial fines and penalties, and it should be no surprise that most people will want the services of the best defense attorney they can find. However, many individuals have never been in a position to need these services, and if this applies to you, understanding the following answers to common questions should help you to better understand the process of defending yourself. 

How Do You Pay Defense Attorneys?

Unlike civil plaintiff attorneys, defense attorneys do not work on a contingency fee basis. Rather, these professionals charge their clients in one of two ways. First, there is the flat fee agreement, and under this type of structure, you will only be required to pay the attorney's standard fee for your type of case. However, you should be aware that this fee does not usually include things such as appeals and the fees for interviewing experts and witnesses. 

In addition to flat fees, there are many attorneys that will work on an hourly basis. With this type of agreement, your attorney will bill you for the charges that were incurred by representing you, and you will be required to make regular payments. If you fail to make these payments, your attorney may stop working for you, and this is the vital reason why you should never miss a payment. 

What Happens If You Have To Appeal Your Case?

Unfortunately, it is common for cases to not turn out the way that the client was wanting it to. Fortunately, it is usually possible for you to appeal your case. During an appeal, your attorney will argue that the lower court made an error during the course of the case. Often, these errors relate to procedural matters, and no new evidence is entered into the court record. 

When you appeal, you should understand that these courts can rule in several ways. They can uphold the lower court's ruling, overturned the ruling or clarify a point before sending the case to retrial. Understanding these ruling options will help you to anticipate what to expect when this court distribute its ruling. 

If you are being sued by another person, it is vital for you to seek the counsel of an experienced legal professional. However, you may not know what to expect from the process of defending yourself against a lawsuit. Learning the answers these two common questions should help you to better understand this process, which can help you to ensure your rights are defended. To learn more, contact a law firm like Kane Funk Poch & Van Massenhove PC