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GENERAL GUIDANCE TO THE FAMILIES OF THE VICTIMS OF FLIGHT 800
- When to Hire a Lawyer
If you believe that it is possible that you will want to seek monetary compensation, we urge you to hire a lawyer to be sure that your legal rights are protected. You should not do this with undue haste and should not do so when you are feeling particularly vulnerable and emotional.
However, while you need not hire a lawyer immediately, you probably should not wait longer than another week or two to begin the process of looking for a lawyer. For one thing, there may be time limits of only a few months for filing certain kinds of claims. In addition, you may be approached by various people seeking information or statements from you, and you may be asked to sign documents by various agencies. We recommend that you seek legal counsel in connection with these communications and documents, which can be very important later on if you decide to sue.
- Choosing the Right Lawyer
We recommend that you try to find a lawyer with experience in aviation lawsuits with whom you feel comfortable. There are many lawyers with this kind of experience, and you should feel free to interview several of them before hiring one. Most lawyers will consult with you about your case without charge.
The best way to find the right aviation lawyer may be to speak with your family lawyer, if you have one. Another alternative is to seek a recommendation from a friend or relative (who in turn might recommend a general practice lawyer in your community) or bar association legal referral service. They will be in a position to help you identify lawyers with the right kind of experience. Particularly if you reside outside the United States, you should have a personal lawyer in your home community to advise you on issues of local law as well as an aviation lawyer.
- Solicitation by Attorneys
Rules regarding lawyer solicitation vary from state to state. As a general matter, no one can stop lawyers from mailing you letters or brochures about their experience and abilities. Depending on the circumstances, however, it may be improper for lawyers to approach you directly (in person or by the telephone). You should feel free to tell any lawyer who approaches you personally if you do not want to be contacted. This request should be honored. If you are being harassed by a lawyer or someone acting for a lawyer, you should contact the local Attorney Grievance Committee (718-624-7851 for Queens or 516-364-7344 for Long Island).
- Legal Fees
Most lawyers in cases involving personal injury or death will charge you a "contingent fee" based on a percentage of any settlement or recovery you receive. In many states, the maximum percentage is limited by law. In New York, for example, the limit is 33-1/3%. A lower percentage may be negotiated. If you have more than one lawyer working on the case (such a personal lawyer in your home community as well as a lawyer experienced in aviation cases), you should still pay no more than the maximum percentage that will be shared between the lawyers. Once you hire a lawyer, you should remember that you are free to change lawyers at any time if you are dissatisfied with the lawyer's services (although the lawyer you fire may be entitled to some compensation or share of the recovery). Also, in many states, including New York, the lawyer's fees in a wrongful death case must be approved by a court.
Your decision to hire a lawyer should be made calmly and intelligently, with no less care than other important decisions you make in your lives. We urge you not to let pressure and confusion from outside sources force you into making hasty choices at this most difficult time.
NEW YORK STATE BAR ASSOCIATION &
THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK
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