Legal Question in Personal Injury in New York
Appealling denied motion
I have an injury lawyer working on a contingency basis. His motion is denied and he says he would like to appeal it since it's important to the case. However, he says it will be outside the contingency agreement that we entered into, and asks me to pay the cost for the appeal. Even if it's the normal practice. it still doesn't make sense to me. Why would I have to pay the entire cost when my lawyer and I are both beneficiaries?
3 Answers from Attorneys
Re: Appealling denied motion
In my practice we only charge extra for an appeal if we do not believe it is worth pursuing but the client insists that we do. Most contingency fees do not exclude appeals.
Re: Appealling denied motion
I can't say whether or not the appeal and its costs are included in your retainer agreement without having the opportunity to see it, but I will say this: If your case has a high potential monetary value, there are plenty of lawyers who will perform an appeal at no cost to you.
If you need further guidance, you may contact me via email. Good luck!
Re: Appealling denied motion
Contingency retainers do not cover the expenses of a lawsuit, which are paid, or deducted, separately. The problem with an appeal is the expense of the appellate printer, and aside from the legal work involved in writing the brief and arguing the appeal, that can be several thousand dollars as an expense.
What is your attorney asking for, payment of the printing expenses and brief writing, or only the printer?
That is more than fair.
If you need an appellate attorney feel free to contact me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
