Legal Question in Civil Litigation in Iowa

Re: lawyer problem

Your question isn�t very artfully constructed but I�ll attempt to answer your questions. I understand you signed a contingent fee agreement and thought all costs for litigation expenses would be advanced by the lawyer. Remember the contingent fee can include provisions for fees and expenses. A contingent fee doesn't mean the attorney automatically advances litigation expenses. Some lawyers can afford to while some cases don't warrant a lawyer taking that risk. Some clients are high risk because of how they fail to cooperate or aren't totally believed by the lawyer and the case could fail for untruthfulness. Some litigation is just so expensive that no attorney is willing to advance expenses. (Bernie Madoff fraud litigation would be one example.)

It could be any number of issues as to why he�s not willing to advance the expenses or it may just be a misunderstanding. Here are a few possibilities.

1. How strong is your case � if weak then the lawyer isn�t going to want to invest a lot of money and not show a return of his investment in your case. Solution: Sit down with the lawyer and ask about the case and how strong the facts. Communication issue.

2. The lawyer is willing to advance the costs of litigation but still bills his clients and waits to see if they pay him. Solution:

3. You don�t have a copy of the contingent fee agreement and don�t know the terms. Solution: Ask for a copy.

4. You have a copy of the contingent fee agreement but didn�t read it. Solution: Read it and see what it says about advancing costs.

5. You have a copy of the contingent fee agreement, read it but the terms aren�t clear about who should advance the expenses. Solution: Read it again and call the lawyer for an explanation.

6. The contingent fee is clear and the client is to advance litigation expenses but things have changed and you can no longer afford to advance expenses. Solution: Call the lawyer and work it out or find a new attorney.

7. The lawyer hasn�t the funds to advance. Solution: You picked the wrong lawyer. Get a new one.

8. The lawyer is supposed to but isn�t doing it. Solution: You picked the wrong lawyer. Get a new one.

Rules of Thumb:

1. If you don�t understand what you are supposed to do, then ask questions.

2. If you don�t understand the answer ask more questions.

3. Be patient but not stupid.

4. Be organized when you speak with the attorney.

5. Write your questions down before telephoning the lawyer�s office.

6. Don�t telephone the lawyer just because you�re nervous and want to chat.

Read the next answer for an additional six rules of thumb.

Steve

Re: lawyer problem

Here is the last part of my answer.

7. Understand the stages of litigation and what you are supposed to do for each.

8. Gather documents, make copies and deliver them in a timely manner to the lawyer.

9. Be willing to communicate by email and to speak with the staff to ask your question.

10. If you can�t agree to work it out find a new lawyer.

11. Fire the lawyer in writing asking to pick up a copy of the file in 3 business days.

12. If the lawyer won�t give you the file go to the Iowa Bar Association website (the one for lawyers not the taverns) and download the complaint form, fill it out and file it with the Iowa Bar. Don�t wait your case me be history.

Steve Lombardi