Advice Needed???

[refractoryman]

What is the name of your state? Ohio

Ohio.

I am involved in a "Tortious Interference of Inheritance" lawsuit along with 9 siblings & cousins against another Cousin. We have been through pre-trials, interogatories and numerous depositions. The procedure has been dragging on for over a year at a to date cost of $37,000.00 in attorney fees. We are close to the next pre-trial. We believe the Judge will send the lawsuit to a jury trial. Our attorney, talking out loud said it's possible to incur an additional $40,000.00 - $50,000.00 preparing and going to trial. The inheritance we are after has a potential value of $300,000.00 - $400,000.00. Our lawsuit ask's $500,000.00 punitive and $500,000.00 compensetory damages. Our attorney is guessing we have a 40% chance of winning at a jury trial. Some of us do not have additional monies to contribute to the lawsuit and have been told by one cousin that who ever does not continue will be dropped. Can this happen? What questions should I be asking the attorney? I feel the additional cost are outrageous. Is there any type of guideline to follow as far as what is payed for attorney fees Vs what is expected out of the settlement? Can individuals or family groups offer to settle outside of the group lawsuit if they can not continue financially? What are my options? We have a meeting with our attorney this Friday to discuss what direction we want to go. Would appreciate some good questions to ask or advice.

 

[fairisfair]

duplicate post

https://forum.freeadvice.com/showthread.php?t=325879

 

[Dandy Don]

The additional costs are not outrageous and you can't expect him to work for free. The fees you have paid are for work already done. Don't tick him off and make him give up your case by quibbling about fees now.

What type of fee agreement/contract did you sign when you first hired him and was there any mention in the agreement that additional fees might be needed?

If you all can afford to pool your resources and pay him, then do it. Since you stand the chance to win big, if you win you will have no problem paying him and it will be worth it.

Ask him to provide case law for cases similar to yours to get some idea of how strong your chances are to win.

DANDY DON IN OKLAHOMA ([email protected])

 

[pojo2]

It is a well know fact that when one has to or desires to go this route in settling an estate that the Attornies end up getting a big cut of the pie and can even eat up an estate rather quickly.

Now you indicate that you are suing for 1 million dollars against this cousin, question is there a realistic chance in hell that said cousin could pay even a fraction of that amount of money even if the suit goes forward and you win?

I said REALISTICALLY because yes you may get a judgment but unless there is something there to get or attach you may spend the money and REALISTICALLY end up with no more than saving those Atty fees and doing the split and going on with life.


***note I did not say that the Atty does not earn that fee just that it can be costly***