laylasara22
Junior Member
What is the name of your state (only U.S. law)? PA. Philadelphia
Jury Trial or Bench Trial?
Hello Everyone, Thank you for taking the time to read this post. Please let me know what your thoughts are and I appreciate your time. Jury Trial or Bench Trial? I trust my gut to choose a jury trial but my lawyer wants to do a bench trial instead. He is a busy man who has already been paid in full and has two practices. He practices in FL and PA. The problem with the Philadelphia court is that a jury trial has no certain date where a bench trial has a certain date. I want to give you a little background about this case. I am sorry if it’s confusing but I want to provide some details. Please let me know… Jury Trial or Bench Trial?
Background:
I was sued in May 2015 by a lawyer I hired to represent my daughter claims. The lawyer is suing me for 152K in legal fees.
The lawyer Estimated $20K as cost for the case (Pre Admin Hearing) and Received 22K retainer+ other payments=Received 30K in total.
Later Charged: $42,340 (Sate Action-Pre Admin Hearing) and lost the case (unsuccessful) I did not pay him the $42,340 because I did not have any more money left.
He later undertook another action after the state loss and filed a Federal Court Action knowing I did not have any more money which I made clear. The representation agreement we signed was only for the (Sate Action-Pre Admin Hearing). I did not sign another representation agreement for the federal case with him because he promised me a win on the state case and said he would make up for it in the federal case. I had no more money.
The only fee I was informed of was his claim for 20K in full from any settlement I would later accept. He did not provide any time billing until after he filed suit against me. Again, this lawyer had not presented an invoice or accounting for fees in two years. He only presented the current claim after the ultimate resolution was reached with another later. There was no fee billing, accounting for hours, dispute or negotiations involved because he made his 20K in payment clear to me. He is asking me now for more money 129K in fees because he feels that I stiffed him.
The lawyer State $42,340
Federal $85,190
equals $127,530 (residual balance)
% Lawyers Settlement is 57.97%
The problem that occurred after the federal matter was filed is that the lawyer disregarded my instructions and tried to force me to a settlement of 220K. The opposing side filed a motion to force settlement and a magistrate hearing was scheduled to find a decision in this matter. I had to hire another lawyer (lawyer #2) and the Magistrate indeed found as a fact that there was NO settlement accepted by me. The lawyer who is suing me for fees had to withdraw to testify against me in the magistrate hearing. This lawyer abandoned me a t a critical point in the case and I had to go and retain another lawyer. I was correct in declining the settlement because I did eventually accept a settlement with the different attorney who I hired for the magistrate matter.
Breakdown of settlement
Lawyer One (did not want to do the state hearing) Settlement was 175K Not accepted then when to #2
Lawyer Two (the one suing me) 220K after 30K spent on him. Forced me into this 220K and withdrew
Third Lawyer (Magistrate matter) Settled the case for 275K with the third lawyer
I did not pay the lawyer that’s suing me for fees because I had to hire additional counsel and paid 30K more out of my pocket (which could have went to him had he not withdrew) His actions cost me more money.
I had to hire counsel again Lawyer number 4 because the second lawyer is suing me for legal fees.
My lawyer is going to argue:
Maximum recovery should be $20,000 (Per his proposed settlement of 220K) He was going to take 20K
- The only claim is that the lawyer made was for an additional $20,000 in payment.
-In effect, I settled ultimately believing that would be my maximum liability to this lawyer.
-This lawyer never applied to the Federal Court for attorney fees or put a lien on the file.
This lawyer is chasing Windmills. Whatever he gets by way of judgment is uncollectible. I am a single mother whose young child was sexually molested in school and left as permanently disabled (mentally with learning challenges). This is what this case is about. I have a job and do not receive any child support. I have one house but with four mortgages already in it. It was bought from Habitat for Humanity. I do not have excessive money or anything for this lawyer to collect on. All of record.
He would not be able to collect any money that is already in a trust for my young daughter.
While I did settle the case thereafter this lawyer wrongfully withdrew under false pretenses, it was with the benefit of additional services of new counsel did I settle this case for $55,000 more than what he offered to settle for ($220,000) This lawyer who achieved the better outcome for me and my daughter actively pursed our interested per instructions and ultimately achieved a far better settlement and had to pay for additional services.
What do I choose? What’s better for this case. What would you choose? Bench trial or Jury trial?
The lawyer that’s suing me is very bitter and already told my lawyer when he is done with me and collects a judgment he is going to sue my third lawyer who succeeded the settlement of 275K. While we think he has no basis to go after the other lawyer after he is done with me. He is in a mission full of bitterness. Aside from throwing bad money after good money, he is representing himself in this matter. His insurance attorney withdrew after I withdrew my counterclaim. Please let me know. Thank you again.
Jury Trial or Bench Trial?
Hello Everyone, Thank you for taking the time to read this post. Please let me know what your thoughts are and I appreciate your time. Jury Trial or Bench Trial? I trust my gut to choose a jury trial but my lawyer wants to do a bench trial instead. He is a busy man who has already been paid in full and has two practices. He practices in FL and PA. The problem with the Philadelphia court is that a jury trial has no certain date where a bench trial has a certain date. I want to give you a little background about this case. I am sorry if it’s confusing but I want to provide some details. Please let me know… Jury Trial or Bench Trial?
Background:
I was sued in May 2015 by a lawyer I hired to represent my daughter claims. The lawyer is suing me for 152K in legal fees.
The lawyer Estimated $20K as cost for the case (Pre Admin Hearing) and Received 22K retainer+ other payments=Received 30K in total.
Later Charged: $42,340 (Sate Action-Pre Admin Hearing) and lost the case (unsuccessful) I did not pay him the $42,340 because I did not have any more money left.
He later undertook another action after the state loss and filed a Federal Court Action knowing I did not have any more money which I made clear. The representation agreement we signed was only for the (Sate Action-Pre Admin Hearing). I did not sign another representation agreement for the federal case with him because he promised me a win on the state case and said he would make up for it in the federal case. I had no more money.
The only fee I was informed of was his claim for 20K in full from any settlement I would later accept. He did not provide any time billing until after he filed suit against me. Again, this lawyer had not presented an invoice or accounting for fees in two years. He only presented the current claim after the ultimate resolution was reached with another later. There was no fee billing, accounting for hours, dispute or negotiations involved because he made his 20K in payment clear to me. He is asking me now for more money 129K in fees because he feels that I stiffed him.
The lawyer State $42,340
Federal $85,190
equals $127,530 (residual balance)
% Lawyers Settlement is 57.97%
The problem that occurred after the federal matter was filed is that the lawyer disregarded my instructions and tried to force me to a settlement of 220K. The opposing side filed a motion to force settlement and a magistrate hearing was scheduled to find a decision in this matter. I had to hire another lawyer (lawyer #2) and the Magistrate indeed found as a fact that there was NO settlement accepted by me. The lawyer who is suing me for fees had to withdraw to testify against me in the magistrate hearing. This lawyer abandoned me a t a critical point in the case and I had to go and retain another lawyer. I was correct in declining the settlement because I did eventually accept a settlement with the different attorney who I hired for the magistrate matter.
Breakdown of settlement
Lawyer One (did not want to do the state hearing) Settlement was 175K Not accepted then when to #2
Lawyer Two (the one suing me) 220K after 30K spent on him. Forced me into this 220K and withdrew
Third Lawyer (Magistrate matter) Settled the case for 275K with the third lawyer
I did not pay the lawyer that’s suing me for fees because I had to hire additional counsel and paid 30K more out of my pocket (which could have went to him had he not withdrew) His actions cost me more money.
I had to hire counsel again Lawyer number 4 because the second lawyer is suing me for legal fees.
My lawyer is going to argue:
Maximum recovery should be $20,000 (Per his proposed settlement of 220K) He was going to take 20K
- The only claim is that the lawyer made was for an additional $20,000 in payment.
-In effect, I settled ultimately believing that would be my maximum liability to this lawyer.
-This lawyer never applied to the Federal Court for attorney fees or put a lien on the file.
This lawyer is chasing Windmills. Whatever he gets by way of judgment is uncollectible. I am a single mother whose young child was sexually molested in school and left as permanently disabled (mentally with learning challenges). This is what this case is about. I have a job and do not receive any child support. I have one house but with four mortgages already in it. It was bought from Habitat for Humanity. I do not have excessive money or anything for this lawyer to collect on. All of record.
He would not be able to collect any money that is already in a trust for my young daughter.
While I did settle the case thereafter this lawyer wrongfully withdrew under false pretenses, it was with the benefit of additional services of new counsel did I settle this case for $55,000 more than what he offered to settle for ($220,000) This lawyer who achieved the better outcome for me and my daughter actively pursed our interested per instructions and ultimately achieved a far better settlement and had to pay for additional services.
What do I choose? What’s better for this case. What would you choose? Bench trial or Jury trial?
The lawyer that’s suing me is very bitter and already told my lawyer when he is done with me and collects a judgment he is going to sue my third lawyer who succeeded the settlement of 275K. While we think he has no basis to go after the other lawyer after he is done with me. He is in a mission full of bitterness. Aside from throwing bad money after good money, he is representing himself in this matter. His insurance attorney withdrew after I withdrew my counterclaim. Please let me know. Thank you again.
