Legal Question in Legal Ethics in Michigan
Lawyers responsibility to pay for depositions
The lawyer who handled my civil suit in a personal injury law suit asked me to pay my surgeon to provide his deposition, with the promise to repay me for my outlay. I did this to the tune of $1,562.50. The We lost the case at trial in November 2003. Since that time I have been unaable to reach the attorney by phone and my voice messages have been unanswered. Am I correct in assuming that even though we lost our case the attorney is still obligated to reimburse me for paying for the doctor's deposition? What recourse to I have to try to collect?
2 Answers from Attorneys
Re: Lawyers responsibility to pay for depositions
This is a good question, but in all likelihood, YOU are responsible for this expense.
Read your atty-client agreement, because chances are, it specified that you are responsible for out-of-pocket expenses. I don't know of ANY contingency fee lawyer who agrees to pay for expenses without the right to re-imbursement.
Having gotten burned by several clients in the past, I and most other smaller firm attorneys, started to require that clients pay these expenses directly, rather than having to have me pay the service and be forced to sue my own client to get paid back. It also means that's less time spent managing client trust accounts.
Re: Lawyers responsibility to pay for depositions
No, you are incorrect. It is always the client's responsibility to pay costs. While attorneys can advance costs, clients are responsible. Be grateful that the lawyer was willing to take your case on a contingency basis, and pay your bill, and move on...
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