Motley Rice’s guide to common legal FAQs helps potential clients understand common legal terms, what to expect when working with a law firm and how lawsuits typically work. Here, we answer frequently asked questions about the legal process, attorney roles, fees, timelines and client rights.
Hiring a Lawyer
What should I look for when choosing a lawyer?
Choosing the right lawyer is one of the most important steps in pursuing a legal claim. You should look for a lawyer with experience in your specific type of case, such as toxic exposure, product liability or whistleblower litigation. The right attorney is transparent about past results, explains your legal rights simply and updates you throughout the process.
Think of your first consultation like a job interview for the attorney. Questions to ask a law firm in an interview might include these:
- Have you worked on this type of case before?
- Have you gone up against a defendant of this size before?
- How long have you been involved in this practice area?
- What is your primary practice area?
- What kind of results have you gotten for other clients?
I already have a family lawyer. Why do I need a different lawyer if I’ve worked with one before?
Lawyers often focus on specific areas of the law. For example, the attorney who helped you buy a house or draft a will may not have experience handling a class action lawsuit, an individual case that gets consolidated into an MDL or a medical manufacturer personal injury case.
Hiring a lawyer with deep knowledge of your case type can make a significant difference in both the efficiency of the process and the outcome. Additionally, certain legal proceedings, like multidistrict litigation (MDL), often require lawyers and firms that are familiar with high-volume, national litigation.
What should I expect during my first meeting with your firm?
The first time you speak with Motley Rice, you’ll talk with someone trained to gather information about your situation. This intake process may involve a phone call, online form and/or scheduled consultation. You’ll be asked about your experience, documentation and anything else that may help the firm assess your case.
After the intake, attorneys review and investigate your information to determine if your case meets legal criteria. If Motley Rice accepts your case, you’ll receive an explanation of the next steps, timelines and your legal team’s contact information.
What information do I need to share about my potential case?
It’s helpful to provide as much detailed, accurate information as possible. This may include:
- The dates and location of the incident or exposure
- Medical records, diagnoses and treatment history
- Pay stubs or employment records
- Insurance paperwork or benefit denials
- Photos, emails or other documentation
- A list of any prior legal actions you’ve taken
The more context you can give, the easier it is for attorneys to evaluate your case and determine how best to proceed.
Will I work directly with a lawyer?
Yes, though your experience may vary depending on the case stage. You’ll likely begin by communicating with legal support staff who gather background information and help with documents. Once your case progresses, you’ll be assigned an attorney or team of attorneys who will discuss strategy, answer your legal questions and represent you in negotiations or court.
About Motley Rice LLC
What kinds of cases does Motley Rice take?
Motley Rice handles a wide range of complex civil litigation, which is distinct from other practices such as criminal defense or commercial business law. Civil litigation resolves disputes between private parties. In criminal law cases, the government prosecutes individuals for their offenses against society.
In civil litigation, the parties typically seek compensation and/or policy changes to prevent future harm, while a criminal prosecution can lead to punishment like imprisonment. Our firm has experience handling lawsuits related to:
- Asbestos exposure
- Aviation accidents
- Consumer protection
- Dangerous drugs and medical devices
- Human rights violations
- Environmental and toxic exposure cases
- Nursing home abuse
- Personal injury
- Product liability and consumer protection
- Public client matters
- Securities and financial fraud
- Sexual abuse and institutional misconduct claims
- Technology lawsuits, including social media harm to youth
- Terrorism financing
- Transportation crashes, defects and accidents
- Whistleblower claims
Motley Rice leads national civil litigation efforts in multidistrict litigation and mass torts in several practice areas.
What states does Motley Rice accept cases from?
Motley Rice works with clients in all 50 states and handles cases filed in state and federal courts. Depending on state rules and jurisdictional issues, the firm may work directly with clients or collaborate with local counsel. These other lawyers or firms may work with your main legal team. Known as co-counsel, they allow us to offer national litigation experience while meeting the procedural requirements of specific courts.
Where do Motley Rice’s clients live?
Our clients come from across the U.S. and, in some cases, from abroad. Whether someone lives in a large metro area or a rural community, Motley Rice has the infrastructure to represent them wherever they are. Many cases involve plaintiffs who were harmed by national or global companies, so geography does not limit the firm’s ability to help.
Can I expect personal attention from a national firm like Motley Rice?
Yes. While Motley Rice often handles large and complex litigation, we prioritize client communication no matter the size of the case. Each client is assigned to a team familiar with their specific case. The team will keep you informed about progress and give you opportunities to ask questions or provide feedback at every stage.
Legal Terms
What is a claim?
A claim is a demand for money, property, damages or the enforcement of a right.
What is co-counsel?
Co-counsel is an attorney with another firm who works with Motley Rice to represent clients.
What is a plaintiff?
A plaintiff is the person or entity who sues a defendant in court.
What is a defendant?
A defendant is the person or entity the plaintiff sues for committing an alleged wrong.
What are compensatory damages?
Compensatory or actual damages are monetary payments made to compensate a plaintiff for loss or injury.
What are punitive damages?
Punitive damages punish or make an example out of a wrongdoer. A plaintiff may receive all or some portion of a punitive damage award.
What is a settlement?
A settlement is an agreement between the parties to a lawsuit. It resolves the case, often before any trial.
What is a statute of limitations (SOL)?
The statute of limitations is the amount of time within which a lawsuit must be brought against a defendant if it is to be brought at all.
How long after I am harmed do I have to file a lawsuit to recover the damage done to me or my business?
You must file your lawsuit within a certain amount of time. The cut-off date for your ability to file is called the statute of limitations (SOL). The rules stating how long you have to file your case are different depending on what type of case you have and in what court it needs to be filed.
I keep reading about "the tort system." Exactly what is a tort?
The word "tort" comes from the Latin word for "wrong." The tort system typically refers to the court system's handling of personal injury negligence and similar cases.
What is a class action?
A class action is a lawsuit that allows a number of people or entities to bring a legal claim as a group, called the class. In order to bring a case as a class, the people or entities must be similarly situated, meaning they must have common factual and legal concerns and similar types of harm because of the actions of the same defendant(s). An example of a class action handled by Motley Rice is: SCANA Corporation class action.
What is a putative class action?
A putative class action is a potential class. It is filed by one or more plaintiffs on behalf of themselves and others who allegedly suffered a common wrong (the putative class). If the court agrees with the plaintiffs(s), it will certify the class, turning the lawsuit into a class action.
Why file a class action instead of many individual cases?
A class action is an economically practical way to help clients who have small, individual claims that would be too expensive to bring by themselves.
Who brings a class action?
A class action can be brought by a person, a group of people or an entity known as the class representative, also called a "named plaintiff" or "lead plaintiff." The class representative sues on behalf of all class members in the class action lawsuit. The class representative must:
- Have claims that are similar in nature to other class members.
- Have been harmed by the same defendant(s) alleged to have hurt the other class members.
- Have no conflict of interest with other class members.
- Be represented by an attorney.
- Be knowledgeable about the lawsuit, available to consult with the lawyer(s) representing him or her and be available to appear at trials or depositions if necessary.
What types of class actions may be filed?
Class actions are filed for the following reasons:
- For compensatory (money) damages.
- To resolve disputes over a "limited fund," when there is not enough money to fully compensate all class members.
- To seek "declaratory judgment," which declares the rights, duties or obligations of one or more entities in a dispute.
- To seek injunctive relief, which requires an individual or entity to do or refrain from a certain action in order to prevent a potential injustice.
What are the benefits of a class action?
A class action is sometimes the only way people or entities can correct injustices committed by powerful corporations. A class action can place individuals in a stronger position to litigate against what are often enormous, multi-national corporations and institutions. A class consists of numerous people or entities, so the defendant(s) must take the litigation more seriously because there is more at stake for them to lose. As former U.S. Supreme Court Justice William O. Douglas said, "The class action is one of the few legal remedies the small claimant has against those who command the status quo."
What is a class period?
A class period is the particular time frame during which the defendant is alleged to have engaged in improper or negligent conduct.
What is a claim form?
A claim form is a document required by the court that all class members must file in order to participate in a court-approved settlement.
What is a settlement notice?
A settlement notice is a letter to the class members explaining the terms of the class action settlement and describing the class members' compensation and rights under the settlement.
How long does it take for a class action to be resolved?
Many factors affect the amount of time required to resolve a class action. Some cases settle soon after the action is filed. Others may take several years and ultimately go to trial. Lawyers at Motley Rice approach each case individually and with an ultimate jury trial in mind.
What is multidistrict litigation (MDL)?
Multidistrict litigation is when all pending civil cases of a similar type filed through the United States are transferred to one federal judge to be handled. MDLs help the court system more efficiently handle cases that involve hundreds or thousands of plaintiffs having similar claims. An example of MDL litigation Motley Rice attorneys are handling: Ethicon and Atrium Hernia Mesh MDLs.
View the full list of MDLs we hold leadership positions in.
Is multidistrict litigation the same as a class action?
No. A class action lawsuit involves a large number of plaintiffs who have suffered a common wrong and bring suit as one group. Cases in multidistrict litigation are not combined into one case as in a class action. Although tried in one court before the same judge, the plaintiffs' cases remain individually active, and damage awards or settlements are tailored to the individual plaintiffs' cases.