Lemon Lawyers
You’ve heard the phrase “he who defends himself has a fool for a lawyer”? That’s more than just a motto for the bar association, it’s a simple truth. Even if you’ve managed to slog through the details of federal and state lemon laws and procedures for Informal Dispute Resolution (IDR) and are sure a court of law couldn’t be much worse, there’s an element of respect the court will give an attorney not to mention how badly the opposing lawyer will wail into you if you don’t have your own representation.
When to Bite the Bullet
You can hire an attorney when you get a negative response to your letter of notification to the manufacturer. The attorney may only write a second letter the manufacturer stating the same information you’ve already included. However, his letter will carry more clout, sending a clear message that you’re serious about your claim and have the tenacity and money to back it up. If the lawyer’s letter gets you the refund or replacement you want, that was a relatively expensive letter, but you’ve saved yourself a lot of time and frustration.
You can hire an attorney before or during the IDR process and will probably benefit from his advice and representation at the hearing. The involvement of your lawyer during the pre-hearing procedures may just be enough to get a settlement from the manufacturer. Auto manufacturers do not want to deal with a civil suit. In most cases, it will cost them more to win a law suit than it would cost to settle at any stage short of trial. And, if you win the case, some state laws require the manufacturer to pay your legal costs. If you’ve gone through all the required steps and not received what you consider an appropriate settlement and have decided to file a civil suit against the manufacturer, you need a lawyer.
How to Find a Lemon Lawyer
Your state’s bar association, referrals from associates and the good old Yellow Pages or Internet Lemon Law websites are all decent sources of lawyers who specialize in automotive or lemon laws. The best case scenario is a close friend who is a lawyer. He may not specialize in lemon lawsuits or even in civil cases, but he’ll know who he’d want representing him in a similar case.
If you live in a small community or sparsely populated area, you may end up with a non-local attorney. The only problem would be travel costs if the case goes to trial. As long as the attorney is licensed to practice in your state, you’re in good shape. An alternative to hiring a lawyer in private practice is to contact consumer advocate groups, departments of your state’s attorney general office and any Legal Aid sources available in your community.
A few things to consider:
- The number of attorneys with the firm isn’t really important, but the fact that there are other attorneys at the same firm who specialize in lemon law is.
- Experience in lemon law cases is important. There are nearly as many legal specialists as there are medical specialties. The laws are complicated and your attorney should know the ins and outs of those laws forwards and backwards. You may have a stronger case for fraud than under the lemon laws. A family attorney or criminal defense specialists won’t have a clue.
- The attorney’s reputation is also important. This is a fairly subjective quality. Those for whom an attorney has won a case will love him; those who lost their case may not. You can research his success rate in lemon law cases, ask his former clients, check with the bar association.
- You should expect a free consultation so the attorney can assess the validity of your case before he commits or you have to pay. This is a good chance to ask questions.
Good Questions to Ask
- How long has the attorney been handling lemon law cases?
- What is the fee structure, is it negotiable? You can check other sources to determine if the fees are reasonable.
- Can he give you references?
- What is the range of outcomes for your case? Be careful if he guarantees a win.
Your decision to hire a specific attorney may come down to gut reaction. Does he seem straightforward? Does he take time discussing your case or do you feel like he’s got someplace more important to be? If you ask for clarification of some complex areas of the law or procedure, does he explain the issue in a way you understand? You want a smart lawyer but you also want to be treated with respect.
Now What?
Bring all your documentation to your initial meeting with the attorney. The attorney will base his decision on the validity of your case from this documentation. Don’t leave anything out of this discussion and tell the truth, even if it may put you in a bad light. If you lose, you foot the bill for your lawyer so make sure he has all the information up front. In addition, the attorney’s first task will be to fully investigate the elements of your claim so your little secrets won’t stay hidden for long.
Costs
Attorney fees can be in the form of an upfront retainer or you will be billed as the case progresses. These are all things that should be discussed at the initial meeting with your attorney. In some cases, an attorney will take the case on contingency. That means the fee is contingent on his winning your case. He may foot the bill for his out-of-pocket costs as well.
Finally, there’s a good chance the lawyer can get your settlement without much more fuss and bother. Manufacturers do not want to go to court—they stand to lose more money even if they win the case than they would if they settled pre-trial. If you end up in court, our lawsuit page will give you an idea of what to expect.
If you need help locating a lemon lawyer, contact us using the form on the right and we’ll help.
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