Legal Question in Personal Injury in California
Contigency Case
I agreed to hire an attorney last year on a contingeny basis for a slip & fall case. He made some brief phone call & wrote two letters. Encouraged me to get lots of medical attention (months & months of physical therapy) now the bills have billed up to thousands & he says we must take the other party (a major hotel!) to court as they are not willing to settle for Anything! unless we take them to court. Now he wants about 2K out of me for court fees & depositions. Is this normal on a contingency case? Also, do I have to stay with this attorney? Nothing has been filed yet & he is just not on top of anything. I am liable for thousands of dollars in medical bills which he assured me we would get thru a quick out of court agreement! He did not even talk seriously with the hotel until I explained to him (again!) that I was on the hook for thousands & even then I had to call him repeatedly to get any thing done. Now he says we may not win the case because ''slip & fall'' litigation is difficult! Now he tells me!!! Any suggestions/advice would be appreciated.
5 Answers from Attorneys
Re: Contigency Case
Slip and fall cases are frequently defensed. However, if the fall was the hotel's fault, then take it to trial. If you do not have confidence in your attorney, then you may get another. Contact me directly.
Re: Contigency Case
You can always hire and fire an attorney.
In a contingency case, lawyers frequently ask for and receive court costs and other costs, so this isn't unusual, EXCEPT for his lack of communication.
He is correct in that "slip and fall" cases are harder to win than other personal injury cases.
I would strongly consider replacing him.
If I can help you with further advice, please do not hesitate to e-mail, or call my office.
Re: Contigency Case
Yes, slip and fall cases are harder to put on then other personal injury cases. It sounds like you are really going to have to take this case to trial to prove up your damages.
Re: Contigency Case
Slip and falls are difficult. So what? Your lawyer should talk with you at the beginning, in the middle, and all the way through the case. Big red flags - (1) lack of communication, (2) promised quick out of court recovery, (3) asking for money you did not expect to pay. You should know what is going on in your case. Any lawyer that promises quick, out of court settlements you should be wary of. I start out cases explaining that we are going to trial as quickly as possible and I prepare from day one for trial. This is the only type of action that helps encourage defendants to settle reasonably. Be careful of lawyers who ask for money that you were not aware of at the beginning. It could be a mis-communication, or you could be dealing with an unethical person. Check the lawyer's bar record on the California Bar website for any record of discipline. It is free and open to the public. And yes, you can always fire your lawyer. Good luck.
Re: Contigency Case
YOu don't have to stay with the lawyer. Check you retainer agreement. It should address you other questions regarding depos, costs, etc. Meanwhile, get another PI lawyer to review the case and give you a second opinion.
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