• Prior to signing a contract for attorney representation (a retainer agreement), victims should fully understand all the details of the contract. If victims have questions, they should feel comfortable in discussing them with the attorneys. If questions persist, local bar association personnel may be able to explain laws, regulations, and common practices pertaining to contracts with attorneys.

• Victims should be clear about what they wish their attorneys to do, and attorneys should be clear about what services they are providing. Understanding each other's expectations, as well as avoiding unrealistic expectations, can minimize the possibility of disappointments and frustration.

• Victims should feel free to consult with several lawyers before selecting one. Lawyers are professionals, and it is good consumer practice to obtain a second opinion in selecting professional legal counsel.

• Victims should cooperate as fully as possible with their attorneys. Such cooperation is essential for successful representation of their interests. By the same token, victims have the right to expect their attorneys to be understanding, respectful, and responsive to their needs. Attorneys have the right to expect their clients to be honest, and willing to participate in building their own cases.

Fees and Retainers

Usually, civil cases brought by victims of crime are billed by attorneys on a contingency fee basis. This means the attorney is only paid a fee if the victim is awarded a monetary settlement or judgment. If the case is successful, the attorney's fee comes from a predetermined percentage of the total award. Regardless of whether the case is successful, the victim may be responsible for paying certain costs associated with the case including filing fees, expert witness fees, and deposition-related expenses.

Questions Your Attorney May Ask

When crime victims consult with an attorney, they should be prepared to answer detailed questions about the case that will allow the attorney to conduct a proper evaluation. Attorneys might request information such as the following:

About the Criminal Event:

• Date and time of criminal occurrence

• Location of events, addresses, and description of premises

• Identification of witnesses to any stage of the occurrence

• Identification of known physical evidence

• Whether a police report was filed, and if so, identification of: the police department where the complaint was filed, the detective or officer assigned to the case, the complaint or report number, and statements taken as part of an investigation

• Whether there was or is a criminal case and if so, identification of: the prosecutor, current stage of criminal case, and description of the case investigation conducted

About the Perpetrator:

• If the perpetrator is known to the victim: nature of relationship with victim, perpetrator's name and aliases, address, date of birth and social security number, employment information, and any information known about the perpetrator's assets and insurance coverage

• If the perpetrator is not known to the victim: physical description of the perpetrator, identifying features

• If the perpetrator is not known to the victim, but a third party might bear some liability for the occurrence of the crime, details of events surrounding the crime and where it was committed become increasingly important, such as information about where the occurrence took place and whether there was any security, if known.

About Damages Sustained by the Victim:

• Medical information: degree of physical, emotional, and psychological injuries sustained and extent and cost of anticipated treatment

• Identification of hospital, physician services

• Identification of property damage

• Amount of victim's or victim's spouse's lost time from work, lost wages, money recouped from workers? compensation, or state or private disability insurance

• Source of funds to cover damages or losses such as insurance (policy number), crime victims compensation, Medicare, and restitution.

The National Crime Victim Bar Association
2000 M Street, NW, Suite 480
Washington, DC 20036
e-mail victimbar@ncvc.org

The National Crime Victim Bar Association is an Affiliate of the National Center for Victims of Crime.