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Common Legal Terms You Should Know

Written by: Kevin Lee Linder

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Lawsuits

Posted about 3 years ago. Applies to Illinois, 1 helpful vote, 0 comments

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Initial Interview

An initial interview is the starting point of a case. At that time, the attorney/law firm gathers information, evaluates your case and allows you to evaluate and determine if you wish to hire the attorney. Linder Law Office does not charge for initial interviews.

Initial Pleadings

Almost every legal case begins with a legal pleading. It may be a Petition, Complaint, Motion, etc. This is the document that identifies the parties, the cause of action and the type of relief requested. Almost every initial pleading requires a filing fee in the court in which it is filed.

Service of Process

This is typically where a legally authorized process server (deputy sheriff or private process server) takes the initial pleading to the other party and gives it to them. There is usually a fee for this service.

Responsive Pleading

This is a document filed in response to the initial pleading. It may be an Answer, Response, Motion to Dismiss or Counter-Petition. This document is a legal response to the initial pleading and “answers” the initial pleading and puts forth any defenses or counterclaims to the initial pleading. The side filing a responsive pleading will have to pay a fee to the court to file these pleadings.

Evidence

This is a specific legal term with legal meaning. Evidence may be written/printed documents, testimony by parties and by individuals on behalf o the parties and electronic documentation. If you are a party to a lawsuit, you may be required to retain and preserve evidence. The Federal and State Courts have rules about evidence – what may be admissible or inadmissible. For example: something you hear someone else say may not be admissible as hearsay.

Discovery

This is a legal process where one side may send written questions to the other side and send requests for the other side (or other individuals) to produce certain documents. It may also bring the other side and other parties in to have them questioned in front of a court reporter (this is called a deposition). This discovery assists the attorney to prepare the case for trial. There are court reporter fees involved with the depositions.

Motions

Either side may file Motions to define the case. These Motions may relate to discovery, limiting issues, and/or asking for permanent or temporary relief. There are typically no court fees for filing Motions.

Legal Fees explained

A separate “Engagement Agreement” and “Addendum” outline our legal fees and the billing process. Please read those documents thoroughly. These are given to you upon your hiring of the attorney/law firm. Please not, that while filing fees may not be required for some of the above work, all of these items require attorney/paralegal time and our hourly rates will apply. Hourly fees will apply to phone calls, meetings on behalf of the client, drafting of letters and or documents even if it is with or to a third party on the client’s behalf.

Contingency Fee Case

Social Security cases and some Personal Injury cases may be “Contingency Fee” cases. This means that legal fees will be some percentage of the recovery amount. The client will still be responsible for fees to collect medical records, deposition fees, expert witness fees, etc. This amount may be requested to be reimbursed by client prior to recovery or it may be collected as part of the recovery amount. Every attempt will be made to explain costs prior to incurring these costs; however, some costs are set by medical providers, expert witnesses, court reporters, etc. Attorney will have limited ability to control these fees.

Scheduling

Judges will frequently schedule multiple hearings at the same time. A court hearing date must be set in accordance with the Judge’s availability. At times, your attorney may have other hearings at the same time as your court hearing, which may cause him to be delayed in appearing at your hearing.

How long will my case take?

Each legal case is different and the complexity and number of issues are some of the factors that will determine “how long” it takes to litigate your case. Other factors will include availability/schedule of Courts/Judges and how long it may take to complete Pleadings, Discovery, and the schedule of the other parties counsel. No law firm can make a “guarantee” about how long litigation will take or how short of a time litigation will take.