Client Questions

Frequently Asked Questions

We hear similar questions from clients time and again, and we answer them. We sometimes find that clients didn't ask a question because they didn't know how or if they should. The answer is they always should, and so should you. And the "how?" part - just get started; we'll take it from there. To help prime the pump we've set out some common questions and some general answers. Please ask more, and if your case is important, contact us.

How long will my case take?

From the time the lawsuit is filed through a jury verdict is generally from 18 months to two years in the Kansas City area.

Other parts of the country vary widely, mostly longer. And if one party or the other decides to drag their feet, it can be longer in our region.

Settlement can happen at any time, especially if the parties engage in mediation. And sadly, if the case is tried and appealed, the time to final resolution can be virtually any length.

Will my case settle?

Our court system is expensive, slow, unpredictable and still the best system for citizens to obtain justice the planet has ever developed.

Most cases settle. There are two reasons. First, by the time a dispute becomes a lawsuit, there is an end in sight. Both sides know that if they don't agree to a resolution, one will be imposed on them. Second, somewhere in the lawsuit process, both sides finally get enough information about their case and the other person's case to make an evaluation of what a reasonable settlement is.

What will make my case settle?

Very simply, your case will settle when and if you say it does, and not before. Our job is to get you in a position of strength in the lawsuit to get the settlement you want, and to get you all the information you need to make the right decision when the time comes.

How are legal fees figured?

Generally speaking, legal fees are either hourly or contingent. In some cases, flat fees are agreed upon.

Hourly Fees

Our professionals - lawyers, paralegals and others - charge by the hour for work on any given file. Lawyer rates in 2006 range from $175 to $325 per hour. Paraprofessional rates (investigator, medical analyst, paralegal) range from $85 to $125 per hour. Hourly fees are adjusted periodically.

Contingent fees

If the law firm does not received an agreed upon fee, we are compensated by a percentage of the total recovery. The total recovery is calculated after expenses, so the expenses do not come out of the client's share. Our contingent fee is 40%; that fee does not increase at time of trial or if there is an appeal.

Expenses

In hourly cases, the client is responsible for expenses as they are incurred (travel, court reporters, exhibits, outside investigators, etc.). In contingent cases, the client is ultimately responsible because expenses are repaid out of any settlement, but if there is no recovery the client does not have to pay the expenses back to the law firm.

Will I win?

Our review of jury verdicts in the Kansas City area over the last several years reveals that about 60% of all cases that go to trial are won by the plaintiff - the one bringing the lawsuit. That statistic is deceiving for two reasons: first, sometimes cases are just a race to the courthouse - so the person who is the plaintiff may have been the defendant if the other side had been faster; second, most cases settle, and many of the cases that go to trial do so because the parties (or their lawyers) did not properly approach the settlement process.

The real answer to "Will I win?" comes after case evaluation, and after settlement negotiation.

What is winning?

We believe that trial outcomes are somewhat predictable, and our job is twofold: to advise the client about the likely outcome, and to provide a result that is that good or better. We do it by preparation. There is no substitute for it. And at the end of the case, if the client gets the outcome the client wanted, we've won.

What is a deposition?

Technically, a deposition is the act or fact of taking sworn testimony, outside of court, in certain well-defined circumstances. It is a part of the discovery process whereby litigants obtain information from each other in preparation for trial. Practically speaking, it is the most stressful part of the process for a party to a lawsuit.

When your deposition is taken, you will appear in a law office - either ours of that of the other side's lawyer - and be questioned by the opposing lawyer, and possibly lawyers for other parties, and maybe even by your lawyer. The deposition usually lasts from a couple of hours to almost a full day, but sometimes can go on for several days.

How do I get ready for my deposition?

There are two aspects of a deposition to prepare for - the substance and the procedure. We help with both, so that you know what questions to expect and how to answer them, as well as when you get to take a break and what to do if you get surprised. Depositions aren't fun, but they are manageable.

If your case is important, contact us. For a free initial consultation with McLeod & Heinrichs, call 800-962-5363 toll free, or contact us online.