LymeNet Flash: legal question - found lawyer very interested in taking my childrens' case

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Posted by Caryn (Member # 366) on :

i found a lawyer who is very interested in taking at least one of my childrens' cases, however, i have questions on the contingency agreement.

they want 40% which seems fair, but the agreement also want to incur litigation costs, court filings, exibits, photography, vidiography, expert witnessses, investigators, transcrpts, photocopying, medical and other records, travel and meal expenses, computor research, printing, binding, postage, telephone, telefax and courier service.

is this the usual on cases taken on a contigency basis? it just seems a long list of expenses in addition to the 40% and that even if the case is won, there will be little if any money going to my children.

should i just go along with this , it is a large law firm, or are they asking too much?

thanks for anyone who can help me with this.

also, if you need a layer in the Philadelphia, PA area, private email me and i can give you a couple of names.

Posted by cantgiveupyet (Member # 8165) on :

this is very similar to the wording that is part of my contingency agreement with my attorney.

I would just ask them what they expect the fees to be for the additional items listed. This way you have an idea on what they are talking about and what to expect.

Posted by Keebler (Member # 12673) on :

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I would certainly hesitate.

The added costs could be enormous. And, will they read all the ILADS research articles? Will they do their homework?

If you can find some already knowledgeable about lyme/TBD that could save a fortune. These other guys would need to reinvent the wheel and you'd pay for it.

It seems that your defense will be only as good as the extras you can pay for. Something is wrong with that picture.

I've never heard of such a long list of add-on charges for plantiff's attorneys (the contingency used to be 30% and covered all fees).

If you can get a law clerk or librarian at the closest law school to find you any cases of any lyme, borrelia, tick-borne cases AND the names and contact of the attorneys you can read some of the case records yourself as an attorney search.

Call your bar association, both county and state to see if they offer any advice on how to find an attorney up to speed on this.

There can't be that many of them. Someone may be able to help you by computer. I'd ask at the LDA first (lyme disease association).

By finding an attorney who has had a similar case before (and won) you should be a jump ahead.

I hope this works out for you.

.

Posted by bettyg (Member # 6147) on :

CARYN, since i don't have knowledge this way, i copied your link and sent it to one of our active members on the board.

when i went thru my 1st admin law judge hearing for SSDI disability purposes, the lawyer was giong to charge for misc:

coming out of state to see ALJ hearing: plane, meals, lodging, car rental

plus misc.

copying, overnight mailings of things, if they needed drs. to sign this/that form; etc.

when this lawyer QUIT me, he stated he wouldn't charge me for his plane trip here!

then i stated i had copied all paperwork i sent them each time, and stated I HAD COPIED THIS; DO NOT SEND ME COPY BACK! each time SHE RESENT me what i sent her, AND WAS CHARGING ME FOR THIS.

he knew his secretarial staff was screwing up big time, and decided NOT to charge me for that ... he just wanted nothing to do with me, and the same goes to him!

i'd never dealt with lawyers for MY PERSONAL sake, and their was so much incompetency; it was awful!!

i faxed/snail mailed things including 10 questions; 9 moths later still could NOT get answers to these simple questions!

he did return both claims!!! i read every document in there building up my claim.

i sent his secretary back MISFILED other people's file items!

in my personal opinion; some of what yu mentioned above should be included in THEIR WINNINGS....invesgator, etc.

i can see the smaller ticket items i mentioned above in MY case, but NOT the large items!!

i know we do have some lawyers, and 1 or 2 stop by this weekend to give input! good luck! [group hug]

Posted by Caryn (Member # 366) on :

Thanks everyone for the good advice and help. i feel so alone. so, thanks for being there for me.