Legal Question in Medical Malpractice in New York

Legal Expenses

I have a medical malpractice

suite against a physician

in NYC. The physician wishes

to settle and my lawyer

advises me to take the

settlement. However, I believe

the settlement is not adequate and wish to go to trial.

Before he will go to trial

my lawyer wants me to pre-pay

for all medical experts even

though the agreement I initially signed with my lawyer (to set the case in motion) explicetly

stated that the lawyer would

advance all costs with

the expectation that they would be recovered from the settlement or jury award.

My two questions are

1) Can the lawyer legally

do this since these costs

were never mentioned up-front?

2) What could happen if I

am unable or refuse to pay

these expenses? Could my case

be dismissed by the presiding

judge?

Thank you.


Asked on 8/29/06, 4:17 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Legal Expenses

Yout attorney is absolutely correct.

Your obligation is to pay the expenses, not his. If, in his opinion, the matter should be settled and you do not agree, he can be asked to be relived, he will keep a lien on the proceeds of the file and you need to get a new lawyer. The fee will be the same to you, but he the new lawyer will probably ask you to pay the expenses and his fee percentage out of the whole will probably be so little as to not warrant taking the case for him as a business matter.

Why not listen your your lawyers advise, after all, you are paying for his experience. If you knew how to do the case, you didn't need him in the first place and could have done it all on your own.

Good Luck

RRG

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Answered on 8/30/06, 12:35 am


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