Legal Question in Medical Malpractice in New York
In New York state, if case was taken by medical malpractice attorney on a contingency basis (as advertised on local TV) - NO RECOVERY, NO FEE, and later on case was dismissed or lost by the verdict for defendant. What happens when attorney for plaintiff changed his mind and requested from client to pay for all expenses occurred? What are the rules?
1 Answer from Attorneys
The attorney did not change his mind. The retainer may have stated that you would have to pay for "expenses" or "disbursements" if the case was lost. This is different from an attorneys' fee which is a percentage of recovery. This is why you should ask questions before signing a retainer. Depending on the attorney and perhaps the value of the case this is something that can be negotiated during your initial meeting.
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