Client Information Sheet
To our client:
We know that your case is important to you; we want you to know that it is also important to us and that we will do the best we can to represent your interests.
This pamphlet was written for two reasons:
FIRST, to give you some idea of what to expect in the future, and
SECOND, to offer some suggestions about how you can help us prepare your case.
We hope this pamphlet answers some of your questions. It was not written to discourage you from calling us about other questions you may have - please feel free to call us any time you feel the need to do so.
New York No-Fault Rules
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When will the case be filed?
It is entirely possible that we have already filed the case. If you would like to confirm that, you need only call the secretary of the attorney handling your file. We may wait until we have completed a preliminary investigation of the matter before we file the case in court. In the event that our investigation leads us to the conclusion that we cannot by legal action truly assist you, we will contact you immediately.
What happens after the suit is filed?
After the suit is filed, there will be two areas of activity.
First, we will continue to investigate and research your case. Depending on the requirements of the case, we may be assisted by professional investigators and research assistants. This investigation and research often takes weeks or even months, and during this time we may not need to contact you personally.
The second area of activity is called "discovery". Various statutes and court rules permit representatives from each side of the lawsuit to file papers in court requesting the other side to furnish information about the case. When either side files such papers in court, the other side must respond within a fairly short time - usually 30 days. There are various types of discovery devices that the law allows:
- Interrogatories. These are a series of written questions that one side asks the other. Interrogatories must be answered in writing and under oath.
- Requests for production. Each side may request the other to produce documents or things that might relate tot he case.
- Depositions. This is a procedure in which the lawyer for one side asks a witness questions orally. The witness is under oath and answers orally while a court reporter transcribes the proceedings.
We almost certainly will use one or more of these discovery devices. The other side is also likely to use them. If and when they do, we will need your help in filing our response in court promptly. If and when the other side files a paper requesting discovery, we will write to you immediately and give you specific instructions about what to do. We will also ask you to call and make an appointment to come into the office before we file our response to the Court.
When will the case be tried?
At the present time, cases are generally scheduled for trial about 14 months after they are filed. You can figure from the filing date of your case the approximate time when you case will be set for trial.
The Printed Docket
All the cases that are set down to be tried in any calendar month appear in a printed docket that the court gives to the lawyers about 30 days in advance. For instance, on about the first of January we get a printed docket in which appear all the cases that are set for trial in February.
Furthermore, cases are tentatively set for trial in a particular week. All the cases the court hopes to try are set at the beginning of a particular week. Then during the week, as the trial judges become available, the cases are assigned one at a time to specific judges for trial. However, if a case does not come to trial during the week when it is set, it is continued to another printed docket and is usually set again several months later.
The cases are set in numerical order with perhaps 40 cases set on Monday and another 40 each set on Tuesday and Wednesday. The presiding judge assigns the cases to the trial judges in numerical order. If your case is set on a certain morning at nine o'clock but is numerically behind other cases, it may not be reached until later that day, later that week, or several months later.
When will you hear from us after today?
Except for meeting with you to respond to the other side's use of the discovery devices discussed above, several months may go by during which it is not necessary for us to contact you in order to do what we must do to prepare your case.
If we find that we need additional information from you about your case, we will write to you. If you learn information beyond what you have already given us - such as the names of other witnesses, developments in your physical condition resulting from your injury, or anything else - please communicate it to us so that we may serve you fully.
IF YOU MOVE OR CHANGE YOUR ADDRESS OR TELEPHONE NUMBER, PLEASE INFORM US. IT IS NECESSARY THAT WE BE ABLE TO REACH YOU AT ALL TIMES.
Suppose you do not hear from us for several months?
It is possible that months will pass without our having any necessity or occasion to contact you. If this happens, don't get the impression that your case is not receiving our interest and attention. In some states it takes four or five years for a case to be set for trial. In New York State and Pennsylvania, it takes about 14 months for a case to be set. Sometimes, in spite of everything everybody can do, a case is postponed, and all we can do is be sure that we remain prepared so that the delay will not disadvantage you.
One difference between the work of doctors and that of lawyers is in the amount of contact between client and professional. You are present while a doctor works on your body and you can see what he or she is doing, but the pretrial work that a lawyer does for you is often done in your absence, in the office, at the courthouse, or elsewhere. For this reason, and because everyone justifiably feels that his or her case is important, we have sent you this informational pamphlet.
Settlement
After a case has been turned over to us, it is possible that a compromise settlement can be made. W cannot legally make a settlement, nor do we wish to make a settlement, unless you approve of and consent to it. If you are not satisfied with the settlement offer, you have a right to let the jury decide your case. By the same token, the defendant also has a right to a trial, and we cannot force the defendant to settle the case. Bear this in mind, because if you exhibit haste and eagerness in a settlement, you are likely to decrease the value of your case in the eyes of the defendant.
The intelligent evaluation and settlement of a case calls for just as high a degree of legal skill as the trial of a lawsuit and, if done properly, often takes just as much time.
The Trial
If the case has to be tried, do not consider it an ordeal or a cause of fear or embarrassment. Your neighbors in this county or district will sit on the jury. If you testify, you will only be asked to tell the court what you know in a simple straightforward manner. Almost everybody who goes through a trial is pleasantly surprised that there is nothing bad about it.
What happens after the trial?
If you win your case, the defendant can either pay the verdict or make a motion for a new trial. If the motion for a new trial is overruled, the defendant can appeal. If you lose, you have the same choice: to accept the verdict or to challenge it. We naturally hope to win your case. We would not have accepted employment to bring your case if we did not think that you have a good case and that you are entitled to win.
Motion for New Trial
A motion for a new trial gives the trial judge the same chance that an appeal gives the Supreme Court: the right to grant the losing side a new trial if the first trial was not fair or if the trial judge made legal mistakes that make it right to grant the loser a new trial. Many people think that an appeal automatically entitles the loser to a second trial. This is not true.
In many years of representing plaintiffs, we have found that the information in this pamphlet is the information people usually want to have. If you have any questions, please let us hear from you.