Legal Question in Personal Injury in New York
Incapable Lawyer
Injured on the job 8yrs ago. won case for 1.25 mil. in 2001, case appealed because of negligence by our lawyer. After bankruptcy and other hardships we are ready to settle for a fraction, but now our lawyer wants more than agreed upon fee. Lawyer had a stroke and can't try the case,we have to settle. lawyer wants payment for loans he can't substantiate. he wants interest in excess of the amount of the loans. Some loans were for airfare, and when we arrived we were told we were not needed ( more than once), and our lawyer should have known. Now he wants us to pay even though no agreement has been signed. He says loans equal 42k, and interest is 46k, but the largest amount borrowed was 5k, after we won the initial case in 2001. Origanal retainer does not even have lawyers signiture, nor a witness'. He is not only trying to charge interest on loans that he can't substantiate, but he wants interest for years before loans were even supposed to take place. We can agree to 22k in loans over an 8yr period. But certainly not 42k the 1st day we met. Lawyer has been asked over and over for itemized list.
can we settle without having to pay these illegal excessive fees to the attorney who's negligence cost us our case in the first place?
3 Answers from Attorneys
Re: Incapable Lawyer
It sounds like this happened in New York. I think you need to immeidately consult with another law firm which has a specialist in worker's compensation claims as well as an attorney who handles professional malpractice claims.
Sorry, but in Arizona we cannot help you. Your case seems too complicated to get all the facts in a forum like this. See New York counsel immediately.
Best regards,
James D. Jenkins
Re: Incapable Lawyer
If your lawyer paid or advanced money or disbursed funds for you, or on account of assisting you, in pursuit of your legal matter, then that lawyer is entitled to be reimbursed out of the proceeds of your settlement, prior to final disposition.
Expenses, Costs and Disbursments are separate and IN ADDITION, to whatever legal fee (contigent or otherwise), the lawyer may be entitled to receive, upon case settlement.
Thus, your "real" question appears to be, whether the claim for reinbursement re the items and amount, were items and sums, that your lawyer reasonably and actually expended (or was charged) for you, or on your behalf, in the course of pursuing your case. And, characterizing such costs and expenditures as "unverifiable loans" to the Arbitrator, will not be helpful to you in reducing the overall charges made to your account.
However, You should request and then carefully review the Cancelled checks, receipts, invoices and charge card statements, etc., that purportedly evidence the actual expenditures made by your lawyer, in order to verify or prove his/her claim for reinbursement, (ie., double-check the numbers). Also, investigate different kinds of pay-outs.
Good luck,
Phroska L. McAlister,ESQ
Good luck,
Phroska L. McAlister,ESQ
Re: Incapable Lawyer
The New York Courts have a fee dispute arbitration part, 22 NYCRR 137 of the Uniform rules for NY Courts. This is not expensive and because it is governed by the bar, attorneys can't get away with any shenanigans.
It sounds like this attorney is taking you for a ride although I could be wrong. I don't know enough. I would be happy to help, or if you wish
you can obtain more info from the Court website www.NYSUCS.com.
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