Angry Lawyer

Vernb2 · #1 03-23-2006, 09:06 AM

What is the name of your state? ME
My son (12 years old at the time) was struck by a truck while walking his bike across the street back on 11/2/02. I contacted the lawyer that had just handled my child support and she offered to take the case. A few letters were written...offers were made and rejected, and finally in August of 2005 they made a "final offer" the offer was a real joke. My son had suffered bleeding in the brain and still has back problems. They offered 21K...which after all was said and done would mean my son would get 5K after much pain and almost 4 years. I rejected the offer and asked my lawyer to go to court. Since August she has ignored my emails. Finally I get a letter this week with a copy of the complaint she sent the insurance company. Along with the complaint was a letter in which she requested that I send $120 so that she could file the complaint in court! Also was an attached bill for "out of pocket expenses" which she would like payment for ASAP. Most charges were for copies of medical records, but there was a $120 fee for "mediation" and a $50.00 fee for a phone conversation with a Doctor.....Do I have to pay for this? Not once in three and a half years has anything been said about me having it pay for these things. It was only after I refused to settle that this came up...which leads me to feel that my lawyer is pressuring me to settle.

If I have to pay for all this crap...what is she getting 1/3 of the settlement for?What is the name of your state?

BelizeBreeze · #2 03-23-2006, 09:20 AM

Quote:

Originally Posted by Vernb2

What is the name of your state? ME
My son (12 years old at the time) was struck by a truck while walking his bike across the street back on 11/2/02. I contacted the lawyer that had just handled my child support and she offered to take the case. A few letters were written...offers were made and rejected, and finally in August of 2005 they made a "final offer" the offer was a real joke. My son had suffered bleeding in the brain and still has back problems. They offered 21K...which after all was said and done would mean my son would get 5K after much pain and almost 4 years. I rejected the offer and asked my lawyer to go to court. Since August she has ignored my emails. Finally I get a letter this week with a copy of the complaint she sent the insurance company. Along with the complaint was a letter in which she requested that I send $120 so that she could file the complaint in court! Also was an attached bill for "out of pocket expenses" which she would like payment for ASAP. Most charges were for copies of medical records, but there was a $120 fee for "mediation" and a $50.00 fee for a phone conversation with a Doctor.....Do I have to pay for this? Not once in three and a half years has anything been said about me having it pay for these things. It was only after I refused to settle that this came up...which leads me to feel that my lawyer is pressuring me to settle.

If I have to pay for all this crap...what is she getting 1/3 of the settlement for?What is the name of your state?

Unless you signed a contingency fee agreement she would not get 1/3 of the settlement. If you did sign an agreement, pull it out and read it. The terms of your relationship will be in there.

If you read and discover you owe the monies, pay them, then fire her ass and hire a Personal Injury attorney.

This person is obviously not qualified to represent you in such a specialized field of law.

Vernb2 · #3 03-23-2006, 09:23 AM

If I had a copy of the agreement it has long since disappeared. I have been charged nothing and this has gone on for three and a half years. I was told by her that she would get 1/3 of any settlement. It wasnt until I pushed her to go to court that these "fees" magically appeared!

BelizeBreeze · #4 03-23-2006, 09:31 AM

Quote:

Originally Posted by Vernb2

If I had a copy of the agreement it has long since disappeared. I have been charged nothing and this has gone on for three and a half years. I was told by her that she would get 1/3 of any settlement. It wasnt until I pushed her to go to court that these "fees" magically appeared!

Go see a personal injury attorney now and let him/her sort it out before the statute of limitations runs.

ecmst12 · #5 03-23-2006, 10:00 AM

Ask for a copy of the agreement, for one thing.

I think you should pay her what you owe her (and yes, she deserves compensation for her time "mediation" etc) and get a PI attorney which you should have done from the start. She probably doesn't want to go to court because she has no experience in this kind of litigation. I understand wanting to hire a lawyer you knew already, but really she shouldn't have taken your case but referred you to a PI lawyer (I guess she thought it would be easy money though). But since she won't be getting any of your settlement if you fire her, you should pay her what she wants now.

Incidentally, these "fees" most likely would have come out of your settlement BEFORE she took her 1/3 anyway....so you were always going to have to pay them.

BelizeBreeze · #6 03-23-2006, 10:02 AM

Quote:

Originally Posted by ecmst12

But since she won't be getting any of your settlement if you fire her, you should pay her what she wants now.

That is not necessarily correct. If there is a contingency fee agreement then firing her will do nothing to void this agreement. In such situations, the attorneys do a fee split.

BL · #7 03-23-2006, 10:11 AM

Who ever heard of a Family Law Attorney , taking on a personal injury case ? Geesh ..

At any rate request a copy of your agreement , and honor it .

The 1/3rd could have meant out of settlement . You chose NOT to settle .

Consult and hire a Personal injury attorney ASAP , have them go over everything .

Vernb2 · #8 03-23-2006, 10:13 AM

There must be an agreement because I was told by her that she would get 1/3 of the settlement. I called her and asked her at the time for a referal to a PI lawyer. I had just used her for a Child Support case that ended the month before this accident. It was then that she offered to take the case. While in hindsight this was foolish of me....that ship has sailed. I know that part of my suit is for my lost wages and expenses, will I by any chance get this money back from the insurance company if we go to court and I win? And why do I have to pay for my sons medical records when my lawyer got them and sent them to the insurance company I have a claim against? Furthermore I was never notified about any mediation that took place 3 years ago.....yet I have to pay $120 mediation fee? Why doesnt the insurance company have to pay at LEAST half of this? This guy runs my son down in the street, puts him in the hospital ...requests copies of these medical records and I HAVE TO PAY FOR IT?

Vernb2 · #9 03-23-2006, 10:15 AM

So if we go to court and I win my lawyer no longer gets 1/3 of what I win? My settlement now becomes a judgement?

BelizeBreeze · #10 03-23-2006, 10:15 AM

Listen, first off the ONLY legal advice we can give you that is relevant and correct is to HIRE A PI Attorney now to straighten this mess out.

Also, you mention that YOU are suing. Why is your son not suing for pain and suffering?

Get the point?

Vernb2 · #11 03-23-2006, 10:21 AM

My son and I are listed as Co Plaintiff's as he was and still is a minor. The complaint mentions that my son suffered "mental and physical pain, suffered severe emotional distress" etc it goes on to say that the plantiff "demands judgment against the defendant for damages in an amount reasonable in the premises, punitive damages, costs, interest and for such further relief as this Court deems just and proper"

BL · #12 03-23-2006, 10:29 AM

Quote:

Originally Posted by Vernb2

My son and I are listed as Co Plaintiff's as he was and still is a minor. The complaint mentions that my son suffered "mental and physical pain, suffered severe emotional distress" etc it goes on to say that the plantiff "demands judgment against the defendant for damages in an amount reasonable in the premises, punitive damages, costs, interest and for such further relief as this Court deems just and proper"

That's right , the Petition ask for it all , but put your Emotions aside .
We are talking about Law NOW . Before the ship sails too far and sinks , consult a personal Injury Lawyer ( How many times you have to be advised ? ) .

Obviously , a PI Lawyer is better able to handle the case . Comprehend ok , and don't go off on us Emotionally ...

You want to vent , join a group .

Vernb2 · #13 03-23-2006, 10:52 AM

Not mad at any advice I am getting here....I am more mad at myself for being stupid! And I am frustrated. I have waited 3 1/2 years, my lawyer is rushing to settle, the insurance compnay wants to settle, and I don't feel anyone is looking out for my son's best interest. Which is why I wanted to go to court and have a third party decide what is fair.

BL · #14 03-23-2006, 11:02 AM

It won't hurt to consult a PI . Some consults are even free , plus you can post your case to attorney right from this site ...up top post your case , or find an attorney .

They will tell you if you're bound by your agreement with the other one .
Get a copy of your agreement .

Vernb2 · #15 03-30-2006, 08:17 AM

I got a copy of my agreement if I fire my lawyer then her hourly rate kicks in and after three and a half years I am sure that her bill would be LARGE!