Legal Question in Personal Injury in Oregon
''what are the costs to fir my attorney?''
After a 4 year wait, we are within 2 weeks of courtdate and my attorney wants me to settle claim for way less than I feel is appropriate. Claim is for total of over $25M and she wants to settle for $500,000. Her support lawyer feels the case is great but that the case will go to appeals because they don't want to pay. I feel like my attorney is working with the defense and not with me. The judge has given 2 opinions supporting our claim and all witnesses are ready. The attorney has told me that if I am not pleased with her, I can fire her but she will collect the contingency fee for the $500,000 offer plus costs. Is this true? Also, she said that if it goes to appeal I will be asked to pay all costs, which is different than our present state of paying. Our contract just says that I am responsible for costs and these can be paid by attorney up front. I think it is another way to pressure me into settlement. What can I do?
2 Answers from Attorneys
Re: ''what are the costs to fir my attorney?''
You do not have to settle a case unless in your opinion it is in your best interest. Your attorney will be required to try the case unless the court allows her to withdraw which is unlikely if the case is to be tried in two weeks. Don't fire your attorney until you know whether or not you have to go to trial in two weeks because it will be difficult to get any other lawyer to try a case s/he has not prepared.
In other matters, your written fee agreement governs your obligations. Sometimes it provides for what happens if thge case goes to the appeal level. If it doesn't that may be more of a problem for the attorney than for you - she could have spelled it out.
Be careful.
Re: ''what are the costs to fir my attorney?''
A contingent fee agreement in most states only allows for payment of a legal fee if the work performed by your attorney results in a
monetary award or settlement. If you reject the $500,000 offer of settlement and later receive more (or a lesser / the same amount) your original attorney can collect the reasonable value of her services. Of course that may or may not equal the amount of the contingent fee based on the $500,000.00 settlement offer! It generally depends on the value of her work in obtaining the result for you.
Costs are generally recoverable from the client regardless of outcome as long as they were discussed with you and reasonable, considering the role they played in your case.
You should examine your contingent fee agreement carefully as many contain provisions regarding fees and costs in situations involving appeals. If yours does not and she is essentially asking you to recontract your fee agreement, you may want to seek additional legal advise before doing so or contact your Board of Bar Overseers to discuss it further.
On the Internet they are located at: www.state.ma.us/obcbbo/board.htm.
If you do a key word search under "contingent fee agreement" you will find some some useful information to review on the subject.
I hope this helps. Good Luck!
Channing Migner
Cline & Migner, P.C.
44 Front Street, Suite 290
Worcester, Massachusetts 01608-1712
Telephone: 508-792-6060
Toll Free: 800-332-0116
Facsimile: 508-797-1177
Email: [email protected]
www.worcesterlaw.com
or
Marlborough Office:
The Victoria Building
277 Main Street
Marlborough, Massachusetts 01752
Telephone: 508-480-0818
Facsimile: 508-624-7019
This information is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your
own situation.
This is not intended to establish an attorney/client realtionship.
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