Legal Glossary - C

Client - Quite simply, the client is the person who hires an attorney to perform legal services on his/her behalf. In mesothelioma cases, the client may be the individual who is sickened with the disease or, if he/she is deceased, may be the spouse or heirs of that person.

Complaint - In a lawsuit, the complaint is the first document filed on behalf of the plaintiff against the defendant. A complaint must follow a specific format and should be prepared by an attorney well-versed in the rules and regulations of the jurisdiction in which the complaint is being filed. The complaint states the legal basis for the claim and one complaint can name multiple defendants. Once the complaint is filed, a summons will be issued by a court clerk and delivered to the defendant. He/she has a specific amount of time to respond to or "answer" a complaint. New York is the only state that allows a summons to be served without the filing of a complaint.

Contingency Fees - Commonly used in personal injury suits such as those involving asbestos-related diseases, contingency fees are those fees paid to an attorney upon the successful conclusion of a case; that is, the settling of the lawsuit in favor of the client. Generally, the contingency fees are usually a pre-determined percentage of the award received by the client but may be a combination of set fees for time worked and a percentage of the award. While a standard contingency fee is often about one-third of the award, there are no set rules as to the percentage charged. All such fee agreements should be in writing before the initial complaint is filed with the courts.

Last modified: December 27, 2010.