79 episodes

Richard L. Duquette is the leading bicycle injury attorney in Oceanside and San Diego California. On this podcast Richard discusses bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed. If you or someone you know have been involved in a bicycle injury, then contact Richard right away.

Bicycling and the Law - 911Law.com Richard L. Duquette

    • Health & Fitness
    • 3.0 • 2 Ratings

Richard L. Duquette is the leading bicycle injury attorney in Oceanside and San Diego California. On this podcast Richard discusses bicycle law and related topics to educate cyclists. California law will be the primary focus, but general legal principles will also be discussed. If you or someone you know have been involved in a bicycle injury, then contact Richard right away.

    Nytro Women's Racing Team

    Nytro Women's Racing Team

    In today’s episode, we’re hearing from accomplished triathletes Julie Dunkle and Leslie Myers of the Nytro Women’s Racing Team. Composed of ten veterans in the sport, their team races all distances. They are prolific podium finishers who have gone on to qualify for world championships, a feat that is by no means easy.
     
    “The Nytro Women’s Team is about triathlon but it’s also about women who are empowered and accomplished and are true ambassadors of the sport.” - Julie Dunkle, Captain of the Nytro Women’s Racing Team
     
    Julie serves as the manager of the triathlon team, a position she took over after Leslie Myers’ years-long term. Membership isn’t earned through excellent athletic ability alone. In order to be a full-fledged Nytro Racer, a woman must be engaged in the community and is willing to stretch herself for others.
     
    “Collectively, it’s not about finding women who race fast. It’s about finding women who have what I would call the whole package.” - Julie Dunkle on the Nytro Women’s Racing Team
     
    With over 50 applications in a year, they don’t look into an aspirant’s record of podium finishes. They consider how an applicant can contribute to and represent the sport. That they have sponsors plays a huge part in the selection process as well.
    Different Yet Similar The Nytro Women’s Racing Team boasts of members who come from all walks of life. One of them is in communications, the cheerleader of the team. Another one of them is in the optical industry, who now gives back to the sport by guiding blind triathletes along with another member of the team.
     
    Leslie, Julie’s best friend, is her right hand woman who helps her run the team and make sure they’re all eating healthy. They’re all on different career paths, but a shared love for the sport is what binds them like glue.
     
    “I’m thrilled that we have all these women who are able to step up and help in any way and represent the sport as best possible.” - Julie Dunkle captain of the Nytro Women’s Racing Team
     
    To hear more about this group of awe-inspiring women, download and listen to the episode!
     
    Links for Nytro Women’s Racing Team:
        Julie Dunkle’s Blog     Leslie Myers’ Company Website  
    Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!
     
    Connect with Richard L. Duquette at the following links:
     
    Richard's Website
    Email Richard
    Call Richard: 760-730-0500
    Connect with Richard on Facebook
    Follow Richard on Twitter
     
    © 2018 Law Firm of Richard L. Duquette

    • 44 min
    Bicyclists Guide to Hiring an Injury Lawyer PART 3 OF 3

    Bicyclists Guide to Hiring an Injury Lawyer PART 3 OF 3

    In the previous episode of this series, we talked about marketing lawyer discount scams, sketchy group referral programs, and the importance of your lawyer’s bicycling knowledge in winning your case. Today on Bicyclist's Guide to Hiring an Injury Lawyer, we will learn about contingency fee agreements.
     
    “...You want an experienced lawyer, not a discount lawyer. You want somebody that will get you the max recovery and if that requires a trial, they’ll go to trial.” - Richard Duquette
    What is a Contingency Fee? A contingency fee is a payment structure where you pay your lawyer’s fees out of the total recovery. That being said, if you don’t recover, you won’t pay a penny for the lawyers time.  The contingency fee is often 33%, and can only go up to 40% if a lawsuit is filed.
     
    Compared to an hourly fee structure, a contingency fee is a much more consumer-friendly scheme. After all, who can afford to pay a lawyer by hour?
    Your 33% Goes a Long Way Your attorney advances their time, efforts, and resources so they can build your case without any payment guaranteed. The contingency fee structure allows your lawyer to take the case.
     
    It also benefits you in the long run. From a well-funded law office that will ensure quality customer service and down to a team of qualified associate lawyers who can team up in working for your case and therefore intensify the legal work, you can be certain you get your money’s worth.
    What About Out of Pocket Costs? These will depend on the case contract. It takes money to make money.
     
    Keep in mind, however, that paying costs out of your own pocket is investing in the success of your case.
     
    Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 3 to learn more about the contingency fee structure and its many pros.
     
    Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 3:
        California Business and Professions Code Section 6147     Contingency Fees  
    Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!
     
    Connect with Richard L. Duquette at the following links:
     
    Richard's Website
    Email Richard
    Call Richard: 760-730-0500
    Connect with Richard on Facebook
    Follow Richard on Twitter
     
    © 2018 Law Firm of Richard L. Duquette

    • 7 min
    Bicyclist guide to hiring an injury lawyer (Part 2 of 3)

    Bicyclist guide to hiring an injury lawyer (Part 2 of 3)

    Previously, we discussed objective guideposts, markers, and reasons for hiring a lawyer. In this second installment of Bicyclist's Guide to Hiring an Injury Lawyer, learn about more hiring tips, questions to ask, and pitfalls you need to watch out for to help you in your decision making.
    “Remember you get to make the call whether you settle or not, but having a good lawyer and getting to a good lawyer right away makes a big difference.”  - Richard Duquette
    How to Deal with Marketing Discount Lawyers Fee discounts seem very tempting from the outset. However, you need to tread carefully in order to avoid being deceived. First and foremost, you want to probe for a written, clearly defined fee structure of these discount lawyers.
    Why demand a clear fee structure? There are a few hazards that you might overlook if you don’t. You can be lured into saying yes to a discount entailing non-quality service, the risk of getting stuck with a losing case, and false promises of high net recovery.
    Steering Clear of Group Referral Marketing Programs Riding the coattails of a credible non-profit organization is one of the most common ways by which discount lawyers secure clients. You contact this group referral program and you may be passed to an inexperienced attorney. Some discount lawyers get placements by paying for endorsements or splitting fees with marketing lawyers under the table.  Ask for written disclosures of the total fee structure and referral incentives. There are laws that govern “fee splitting” and “referral services”.
    This kind of “referral program” will not only hurt your wallet, it feeds lawyers who bear no actual responsibility for your case. They also put you at the mercy of an attorney with no real case interest or responsibility.
     
    Testing Your Attorney for Knowledge Your trial lawyer needs to understand your perspective as a bicyclist so they can convince the jury with your story.  How else will they be able to defend your case without knowledge of your personal cycling experience while on the road?
    Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 2 to understand better why you shouldn’t settle for discount lawyers
     
    Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 2:
        California Bar Associations     Rule 1.5 Fees for Legal Services  
    Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!
    Connect with Richard L. Duquette at the following links:
    Richard's Website
    Email Richard
    Call Richard: 760-730-0500
    Connect with Richard on Facebook
    Follow Richard on Twitter
     
    © 2018 Law Firm of Richard L. Duquette

    • 11 min
    Bicyclist's Guide to Hiring an Injury Lawyer, Part 1

    Bicyclist's Guide to Hiring an Injury Lawyer, Part 1

     
    How to find the best attorney to represent you.  In this episode, we'll discuss the Bicyclist's Guide to Hiring an Injury Lawyer. Learn how to hire, the best attorneys, professional tips, and pitfalls.
     
    "This series seeks to help bicyclists hire the best attorney -- the real lawyers, the trial lawyers, the people that will fight for you that are effective advocates as opposed to 'marketing' lawyers." - Richard Duquette
    Reasons Why People Hire a Lawyer Every case is different and every client is unique. Similarly, you can hire a specific lawyer for your case. The criteria typically aligns with that lawyer's motivation, values, and concerns.
     
    There are several reasons why people hire a lawyer. Among them are the need for guidance, maximum recovery, and more.
    Right Questions to Ask When Hiring a Lawyer What are the things to consider when hiring an injury lawyer? First of all, seek a qualified lawyer. There are inexperienced "marketing" lawyers that abound.
     
    To prevent mistakes in hiring a lawyer, make sure to ask the right questions to your prospective lawyer. You can ask whether he has tried a case before a jury and whether he succeeded. The inexperienced ones will readily give you a set of excuses why you don't need a "trial" lawyer.  Beware of them.
    Emphasis on Being a "Trial" Attorney Another question to ask is whether the lawyer in-charge of taking your case will go to trial? Trial lawyers are trained to reject low ball insurance company offers and go to a jury trial.
     
     
    Download and listen to Bicyclist's Guide to Hiring an Injury Lawyer, Part 1 to have a good understanding of what you need to find the best lawyer for your case.
     
    Links for Bicyclist's Guide to Hiring an Injury Lawyer, Part 1:
    California Rules of Professional Conduct 3-110 Gerry Spence Trial Lawyers College  
    Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!
     
    Connect with Richard L. Duquette at the following links:
     
    Richard's Website
    Email Richard
    Call Richard: 760-730-0500
    Connect with Richard on Facebook
    Follow Richard on Twitter
     
    © 2016 Law Firm of Richard L. Duquette
     

    • 14 min
    Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2

    Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2

    Hesitant to hire a lawyer fast? In this episode, we'll discuss social media pitfalls and designing a damages strategy.
     
    "The information between you and your attorney is sacrosanct. It protects you and is worth its weight in gold." - Richard Duquette
    Pitfall of Sharing Your Crash In today's day and age, many post information on social media about their crash or bicycle accidents. They openly discuss it with people they connect with. Unfortunately, the same act can actually be a case killer.
     
    Many eyes will be on you, including the insurance companies. Anything you say can be used against you.
    How Insurance Companies React There are different ways. Insurance companies could demand your private statements in unprotected emails and posts. Any offhand statements can be used to their advantage.
     
    In the end, they will use any such information. They could also mislead you into settling for less.
    How a Trial Lawyer Can Help A trial lawyer warns you in advance. He will help you avoid mistakes. He will also help you save money and time.
     
    It is often tempting to share your grievances and experiences with others. But without proper caution, it can cost you more than you probably expected.
     
    Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2 to hear about the damages of openly sharing your case and about a strategy you can implement.
     
    Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 2:
    Why It Makes Dollars & Sense to Hire a Lawyer Fast, Part 1  
    Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!
     
    Connect with Richard L. Duquette at the following links:
     
    Richard's Website
    Email Richard
    Call Richard: 760-730-0500
    Connect with Richard on Facebook
    Follow Richard on Twitter
     
    © 2016 Law Firm of Richard L. Duquette
     

    • 5 min
    Why It Makes Dollars and Sense to Hire a Lawyer Fast (Part 1 of 2)

    Why It Makes Dollars and Sense to Hire a Lawyer Fast (Part 1 of 2)

     
    Not sure whether you should hire a bicycle injury lawyer for your case? Prospective clients often delay in hiring for various reasons. Understand why it makes dollars & sense to hire a lawyer fast!
     
    "There are a lot of reasons [for the delay], ranging from uncertainty about the merits of their case to wanting to avoid the appearance of being litigious." - Richard Duquette
    Two Things to Consider Every client has his own set of reasons for hesitating hiring a bicycle injury lawyer. But there are two things to bear in mind. One is the minimal risks and the other is the fact that delays can prejudice the case.
    Minimal Risks in Hiring a Lawyer Fast According to the California Rules of Professional Conduct, an attorney has the duty to zealously protect your interests. When you hire him for your case, you give him the authority to act on your behalf.
     
    With a competent attorney by your side, you gain a lot of benefits. It also strengthens your case. He knows when to "strike when the iron is hot, and how to preserve evidence."
    Hire Based on a Contingency Fee The fees for hiring an attorney in personal injury cases are generally on a contingent basis. As the client, you only pay your lawyer if his performance yields positive results.
     
    An experienced lawyer will be able to assess your case early and decide whether it is worth taking. If the lawyer takes your case, both of you are invested in the results.
     
    Download and listen to Why It Makes Dollars & Sense to Hire a Lawyer Fast to hear about the minimal risks and advantages involved in hiring a lawyer quickly. Stay tuned for the second part of this episode series where we’ll discuss the Social Media Pitfalls and Designing a Damages Strategy.
     
    Links for Why It Makes Dollars & Sense to Hire a Lawyer Fast:
    California Rules of Professional Conduct 3-110 Evidence Wins Bicycle Injury Cases  
    Don’t forget to leave us a 5-star rating and review on iTunes if you enjoyed this episode. We would love to hear from you!
     
    Connect with Richard L. Duquette at the following links:
     
    Richard's Website
    Email Richard
    Call Richard: 760-730-0500
    Connect with Richard on Facebook
    Follow Richard on Twitter
     
    © 2016 Law Firm of Richard L. Duquette
     

    • 8 min

Customer Reviews

3.0 out of 5
2 Ratings

2 Ratings