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Forum
-> Household Management
-> Finances
amother
Pewter
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Fri, Feb 02 2018, 11:12 am
Someone's been threatening to sue us for several months but has not yet done so. Due to some things over the past few days, I think they're serious this time. I think we should get a lawyer now before anything happens but dh says we should wait until a suit happens. What do you think? Is there anything to consider in either direction? FTR, we believe we have a very strong case. We suspect the reason we haven't been sued yet is that they simply can't find a lawyer who's willing to take their case because it's weak. But you never know. There's always someone willing to give it a go, so I want to be prepared for that possibility.
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amother
Hotpink
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Fri, Feb 02 2018, 11:17 am
amother wrote: | Someone's been threatening to sue us for several months but has not yet done so. Due to some things over the past few days, I think they're serious this time. I think we should get a lawyer now before anything happens but dh says we should wait until a suit happens. What do you think? Is there anything to consider in either direction? FTR, we believe we have a very strong case. We suspect the reason we haven't been sued yet is that they simply can't find a lawyer who's willing to take their case because it's weak. But you never know. There's always someone willing to give it a go, so I want to be prepared for that possibility. |
Both are right answers. If it makes you conformable, find someone now. Consider that the lawyer may charge for the initial meeting, and may ask for a retainer.
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amother
Sienna
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Fri, Feb 02 2018, 11:27 am
I’d find an attorney now so you have someone if a suit is filed. If you end up getting sued then you may be out the cost of the initial meeting but you will have had peace of mind.
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amother
Ivory
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Fri, Feb 02 2018, 12:54 pm
I'm a complete layman, but what purpose would it serve to hire an attorney now and pay money, when seemingly there is a decent chance you will not be sued? If you do get sued, you can call the attorney that day. What benefit will be served by retaining an attorney ahead of time?
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doctorima
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Fri, Feb 02 2018, 12:55 pm
While the uncertainty is certainly nerve-wracking, I don't see anything counsel can do to help you at this point. If they sue you, you then get time to find a lawyer, and if not, why waste the money on a consultation/retainer that may be needless?
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pause
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Fri, Feb 02 2018, 12:56 pm
Definitely do research on lawyers now. You need someone who specializes in the specific kind of lawsuit you're looking at.
You don't need to meet with him/her yet.
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amother
Coral
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Fri, Feb 02 2018, 1:57 pm
If you have money to spare and it would give you peace of mind, by all means go pay for a consult or two.
But I don't see a purpose in retaining a lawyer. When you sign a retainer agreement you spell out what the lawyer will do for you. What would you retain your lawyer for? To do what?
IMO the time to retain a lawyer is after you have been served. Though if you have the money to spare go pay for a consult. Or two. Or three.
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amother
Pewter
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Fri, Feb 02 2018, 2:16 pm
Ok, I didn't realize that retain means you already have an official contract. Yeah what I meant is, let's do some research (so we have an idea who to call if necessary) and maybe a consult or two just to make sure we have all our ducks in a row such as necessary documentation etc all together and easy to gather together should we need to.
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amother
Coral
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Fri, Feb 02 2018, 2:32 pm
That's right, a retainer is a contract in which is stated the amount you're paying and the assignment/duties of the lawyer.
For example: "Miss A. is retaining me for the purpose of defending her in a civil suit against Miss B. Miss A. is paying me a retainer of ten thousand dollars." This is the gist of a retainer agreement.
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amother
Wheat
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Fri, Feb 02 2018, 2:39 pm
amother wrote: | That's right, a retainer is a contract in which is stated the amount you're paying and the assignment/duties of the lawyer.
For example: "Miss A. is retaining me for the purpose of defending her in a civil suit against Miss B. Miss A. is paying me a retainer of ten thousand dollars." This is the gist of a retainer agreement. |
Most attorneys will agree to a short, general meeting without fee. They won't give legal advice, but it will allow you to decide if you like them (and, frankly, if they like you).
One reason to hire counsel is to respond to any claims that you receive short of litigation. A strongly-worded letter from competent counsel may cause them to back down. (Or, conversely, to convince them they have a real claim, if they're stubborn).
If you do pay a retainer fee, most (all?) states require counsel to hold those funds in escrow until expended, and to return all unbilled sums to you at the conclusion of the representation.
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