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  #1  
Old 10-17-2005, 07:03 PM
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I have another question about fees


Texas.

Hi, I consulted with an attorney over the weekend regarding my father's death and am hoping to talk to at least one more before making a final decision. However, the 2nd firm (which is considerably larger and appears to have more experience and larger settlements) has requested that we retrieve the medical records and send them to their office for review before meeting with us, whereas the 1st firm has agreed to pay for and retreive the medical records and have an expert review them, after we sign paperwork hiring them. They have indicated that after reviewing the records, if they decide the case can't be pursued we will not be obligated to repay them for the expenses incurred on our behalf. My question is this, is it normal for an attorney to agree to pay to retrieve medical records and to hire experts to review the files? I would really like the 2nd firm to render their opinion, but they are apparently not willing to invest any money on our behalf until AFTER having seen the medical records. I'm trying to determine if this is because they are a larger firm and may only accept clients where large awards are expected, or if it is normal procedure for most firms. The 1st attorney indicated that just retrieving the medical records and having an expert review them will probably cost around $5,000, which we wouldn't be able to come up with on our own. Do you think it would be feasible to contact the larger firm and let them know that someone else is interested in representing us and see if they would reconsider a consultation with us without us having to provide the medical records? Sorry this is long, but one more question - the 1st attorney informed us we would have to sign an agreement waiving our constitutional rights to fee limitations due to the fact that FL law states attorneys are only entitled to collect 30% on the first $250,000, and 10% on any amount above that. He indicated that no attorney's would be willing to take this type of case under that arrangement, and said that waiving our rights is standard procedure. Does anyone know if this is true? Thank you.
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Old 10-18-2005, 07:30 AM
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Quote:
the 1st attorney informed us we would have to sign an agreement waiving our constitutional rights to fee limitations due to the fact that FL law states attorneys are only entitled to collect 30% on the first $250,000, and 10% on any amount above that.
I did not know there was such a law?? Does anyone know if this is true??
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