Duties of Truck Accident Lawyer Flashcards

What is the lawyer's duty when preparing the client to give a deposition?

Answer: Prepare the client to answer truthfully and understand the process

The lawyer must prepare the client to testify truthfully and confidently while understanding deposition procedure.

Why does a lawyer review the carrier's vehicle maintenance and inspection records?

Answer: To find brake, tire, or mechanical neglect that contributed to the crash

Maintenance records can reveal neglected repairs that support a claim of carrier negligence.

What is the lawyer's duty regarding case expenses advanced on the client's behalf?

Answer: Track them and account for them in the final settlement statement

Lawyers must accurately track advanced costs and account for them transparently when the case resolves.

What duty does a lawyer have when the statute of limitations is approaching and negotiations stall?

Answer: File suit to protect the claim before the deadline expires

If a settlement isn't reached in time, the lawyer must file suit to preserve the client's claim before the deadline.

What is the lawyer's duty when handling a wrongful death claim from a fatal truck crash?

Answer: Identify proper beneficiaries and pursue damages allowed under the state's wrongful death statute

In wrongful death cases the lawyer must identify the lawful beneficiaries and pursue statutorily allowed damages.

What duty governs a lawyer's communications with the at-fault driver who is represented by counsel?

Answer: Communicate only through the driver's attorney

Ethical rules prohibit contacting a represented party directly; communication must go through their attorney.

What is the lawyer's duty if the client wants to reject a fair settlement and go to trial?

Answer: Advise on the risks but respect the client's decision to proceed

The decision to settle or go to trial belongs to the client, though the lawyer must give informed advice on the risks.