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10 things to keep in mind when hiring a lawyer
HongkongTraffic accidentsThere are 10 common pitfalls when hiring a lawyer for claims (especially for pedestrians hit by a car, soft tissue injury to the arm, and persistent pain). These pitfalls mostly stem from...Insurance companies/law firmBusiness models, injured parties' eagerness for quick results, or information asymmetry can lead to suppressed compensation, cost overruns, or damage to rights. The following are 10 common pitfalls compiled based on Hong Kong practice (Law Society Code, common forum experiences, law firm guides, and case studies), along with methods to avoid them:
Table of contents
1. Blindly choosing an "insurance company panel lawyer" or a "recommended lawyer"
Insurance companies (or certain intermediaries) often "recommend" law firms they have long-term partnerships with. These lawyers may also handle cases for the insurance companies, creating a potential conflict of interest. Result: Negotiations tend to be weak, and low-settlement settlements are more readily accepted.
Avoiding pitfallsPrioritize specializing in this.Plaintiff (injured party) claims compensationIndependent law firms that aren't afraid to go to court. Check bar association directories or forum reviews.
2. Thinking that "no success, no fee" means zero risk
Some law firms advertise "no win, no fee," but these often contain hidden clauses (such as deposits, expert report fees, and the risk of having to pay all legal costs). If they lose the case, they may still have to pay the opposing party's legal costs.
Avoiding pitfallsBefore signing a contract, request a written list of all costs (including details of the "Conditional Fee Agreement") to ensure that litigation costs can be recovered if the case is won.
3. The lawyer lacked experience and was unable to accurately assess the value of the case.
Novice or non-specialized claims lawyers often underestimate PSLA (pain and inconvenience) or future income loss, leading you to accept a settlement below reasonable levels (e.g., for persistent pain, you could argue for HK$200,000+ PSLA, but you only negotiate HK$100,000).
Avoiding pitfallsAsk your lawyer about the average settlement/judgment amount in past cases of similar soft tissue injuries to the arm with persistent pain. Compare 2-3 cases.
4. Rushing to sign a "time-limited settlement" without consulting a lawyer
The insurance company initially underreported the injury and applied time pressure ("This price is only valid for this month"), so the injured person signed the contract because they urgently needed money. Later, when it was discovered that the injury had worsened, they could no longer recover the money.
Avoiding pitfallsAlways consult a lawyer for an evaluation before discussing anything. Request written confirmation of the terms from your lawyer before signing a settlement agreement.
5. Lawyers fail to proactively update progress or conceal negotiation details.
Some lawyers delay responding or fail to provide detailed reports on the insurance company's offer/your rebuttal, leaving you unaware that the negotiation has already been too low.
Avoiding pitfallsWhen signing the contract, request a "written report" (email or letter) after each negotiation, including the other party's offer, justification, and lawyer's assessment.
6. Neglecting evidence collection leaves lawyers unable to secure high sums.
Without a strong medical report (e.g., pain specialist, functional assessment, grip strength test), lawyers will find it difficult to refute the insurance company's claim that "no fracture = minor injury".
Avoiding pitfallsSeek medical attention/physical therapy proactively, keep all reports/receipts/pain logs, and submit them to a lawyer.
7. Lawyer fees are opaque, with hidden extra charges.
Initially, it was said that "only a few thousand dollars in deposit is required," but later, fees for expert reports, photocopying, court fees, etc., were added, and the total amount exceeded the budget.
Avoiding pitfallsBefore signing a contract, request a detailed fee schedule (hourly rate/uniform fee/conditional fee) and clarify the "litigation cost recovery" mechanism.
8. Missed the 3-year recourse period or TAVA application
If no lawsuit is filed within 3 years of the accident, the rights will expire; or the driver may miss out on the TAVA (driver's award, regardless of fault, with a maximum of approximately HK$100,000+, resulting in significant financial pressure).
Avoiding pitfallsSeek legal counsel as soon as possible after an accident and apply for TAVA relief (partial repayment after civil claims).
9. Lawyers are too "soft" to confront insurance companies head-on.
Some lawyers, fearing court appearances or having good relationships with insurance companies, tend to settle quickly and close the case, resulting in compensation being reduced by 30-50%.
Avoiding pitfallsChoose a lawyer who is willing to file a lawsuit and has a proven track record of winning cases in court. Question: "If the insurance company underreports the claim, will you file a lawsuit?"
10. Do not seek a second opinion; do not blindly trust a single lawyer's assessment.
You believe Lawyer A's estimate of HK$100,000; but Lawyer B might estimate HK$100,000+.
Avoiding pitfallsCompare multiple lawyers (initial assessments are often free), or pay several thousand dollars for an independent second opinion.
In summary: Hong Kong lawyers adhere to strict professional ethics, and genuine "collusion to drive down prices" is extremely rare, but...Choosing the wrong lawyer + information asymmetryThis is the most common trap, leading to low compensation and high costs. Your case (pedestrian, persistent arm pain, no fracture but affecting work) has moderate potential (PSLA HK$180,000–400,000+), the key is...Choose a plaintiff lawyer with a proven track record + strong evidence.
Recommendation now:
- Contact 2-3 law firms specializing in traffic accidents (e.g., search for Hong Kong Lawyers Network or the Law Society) for a free initial assessment.
- Prepare medical records, pain records, and proof of work impact.
- If eligible, legal aid will be considered (the Legal Aid Department will appoint a lawyer, ensuring no conflict of interest).
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