Defense attorneys are milking cases for all they are worth today. Two litigation attorneys I spoke with this week said they have never seen it so bad.
During “good times” defense attorneys that are paid by the hour usually milk a case for a minimum amount before settling. But as these law firms are getting less work than normal they are tending to make up the difference by spending more time per case. The net result is that it takes longer to settle a case than a few years ago.
Friday, August 28, 2009
Saturday, August 1, 2009
If your attorney drops you
If your attorney has taken your case on contingency and subsequently doesn't like the odds of winning he will drop you as a client. Now there is a process they must go through including notifying you, making a motion to the court to withdraw as counsel and then receiving the approval of the court for withdrawal.
Before this motion has been approved they still have a duty to represent you but their heart is not really in it. So if they are bailing on you, you need to move into overdrive to get a new attorney. This will be twice has hard as getting an attorney the first time because the second group of attorneys will think one or more of the following situations exists:
1) you do not have much of a case
2) you are a difficult client to work with
3) the prior attorneys have messed up the case already
4) even if they win and collect a judgment they may have to share some of their fees with the prior attorneys.
I have worked with folks that try to resist their prior attorneys dropping them. And you need to understand why the case is being dropped and can the case and the relationship be salvaged but you also need to move into action to find a new one.
Before this motion has been approved they still have a duty to represent you but their heart is not really in it. So if they are bailing on you, you need to move into overdrive to get a new attorney. This will be twice has hard as getting an attorney the first time because the second group of attorneys will think one or more of the following situations exists:
1) you do not have much of a case
2) you are a difficult client to work with
3) the prior attorneys have messed up the case already
4) even if they win and collect a judgment they may have to share some of their fees with the prior attorneys.
I have worked with folks that try to resist their prior attorneys dropping them. And you need to understand why the case is being dropped and can the case and the relationship be salvaged but you also need to move into action to find a new one.
Thursday, July 16, 2009
Don't fire until you hire
In general do not fire your old attorney until you have engaged a new one. You will have far more leverage in negotiating with the new one if you are not in between lawyers.
But have a good reason to explain yourself to the new attorney. Be specific in how the old attorney let you down and get assurances that the new one won't act the same way. For example a common reason for firing the old attorney is that the old one keeps delaying in actually filing the lawsuit.
Once you have reached agreement with the new one then he can assist you in notifying the prior attorney that his services are no longer needed and to notify the parties of your new representation.
But have a good reason to explain yourself to the new attorney. Be specific in how the old attorney let you down and get assurances that the new one won't act the same way. For example a common reason for firing the old attorney is that the old one keeps delaying in actually filing the lawsuit.
Once you have reached agreement with the new one then he can assist you in notifying the prior attorney that his services are no longer needed and to notify the parties of your new representation.
Friday, July 10, 2009
Hiring a bankruptcy attorney
This article has a few ideas about hiring a bankruptcy attorney. Keep in mind that many bankruptcy attorneys will give you an initial consultation for free. To make the most out of this time get your data together. Collect your income information, your minimum monthly expenses other than for credit repayment and information about your dependents.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
A key issue will be if you will be able to declare personal chapter 7 bankruptcy which will wipe out all of your debts (unless you decide to keep your mortgage) or chapter 13 bankruptcy where you pay off as much as the court determines is practical over a five year period and then the rest is wiped out. Generally only those with incomes less than the state average can declare chapter 7 bankruptcy.
Some of these attorneys will advise you which bills to pay and which to not pay - there goal seems to be to put enough money in your pocket up front so that you can pay them before they start working on your case.
Tuesday, July 7, 2009
What is a retainer
If you are paying your attorney by the hour your attorney will frequently ask for money up front - this is called a retainer. The details of this retainer should be spelled out in your engagement letter.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
Sometimes this is equivalent to the last months rent and none of this money is used to pay your monthly legal bills. In this case you need enough cash for this retainer along with enough to fund your monthly payments if you are going to make it without running out of cash.
In other cases the attorney will use your retainer to pay his monthly bills until the case reaches a certain level or he thinks there is enough money at the end of the case to satisfy his bill.
You need to understand what your attorney is expecting on this front and do not be afraid to negotiate this item if you are short on cash.
Friday, June 26, 2009
Preperation for hiring an Attorney
Whether you are hiring an attorney that you are paying for by the hour or trying to find the right one on contingency get your ducks in order before you talk to them. Prepare a summary of your case and the documents that prove your case.
First, this allows you to learn more in your initial interview. These preliminary meetings are usually free but just because they are free doesn't mean you can't learn at them.
The attorney that you are interviewing is also interviewing you. If they are considering taking the case on contingency then they would rather have an easier case than a more difficult one. They would prefer one that will settle early rather than after several years. And they are trying to determine if you will be a good witness. Most important, the contingency attorney is going to try and ascertain if the defendant has deep enough pockets so that if you win you can actually collect.
Attorneys that only charge by the hour are far less concerned about if you can actually collect on the judgment. They mainly care about your ability to pay. So in these cases you need to dig into whether or not the defendant can pay a judgment if you are successful in court. Keep in mind that 90% of judgments go uncollected.
First, this allows you to learn more in your initial interview. These preliminary meetings are usually free but just because they are free doesn't mean you can't learn at them.
The attorney that you are interviewing is also interviewing you. If they are considering taking the case on contingency then they would rather have an easier case than a more difficult one. They would prefer one that will settle early rather than after several years. And they are trying to determine if you will be a good witness. Most important, the contingency attorney is going to try and ascertain if the defendant has deep enough pockets so that if you win you can actually collect.
Attorneys that only charge by the hour are far less concerned about if you can actually collect on the judgment. They mainly care about your ability to pay. So in these cases you need to dig into whether or not the defendant can pay a judgment if you are successful in court. Keep in mind that 90% of judgments go uncollected.
Saturday, June 6, 2009
Firing your attorney!
Yes you can! If you have a bad attorney then he or she is not going to get any better - fire them now. You have the right to change.
But keep in mind that if you are a bad client or "difficult" client you may not get another one.
You are the manager and the attorney is your service provider. If he is not getting the job done or is not paying enough attention to your case it is unlikely to get any better.
Now keep in mind that many first-time plaintiffs think that the legal process is going to move far faster than it actually does. They also think they are going to receive millions when they might only get a few thousand. The speed varies from court to court and state to state but rarely do we see "speedy justice".
Do not assume that your attorney is going to meet her deadlines! They do forget about these things so you need to be paying attention. And if they are leaving motions and responses to the last minute they may simply not make it in time or do a poor job because of the deadline. You are screwed!! So you need to know the deadlines and the schedule and make sure your attorney is meeting the deadlines.
If you are a plaintiff and have a contingency contract you still have the right to change attorneys. Usually it is a good idea to find a new attorney before firing the old one. Generally (it varies by state) the old attorney will work out compensation with the new attorney for some compensation for his expenses on the case and the time he spent.
But again, you only get so many at bats. It is harder to hire a good attorney after you already have one. So try to do it right the first time. The second attorney is worried that the first attorney already messed up the case. Or the second attorney thinks that you may be an unreasonable client.
I had a client that actually fired two attorneys and then could never again find someone to represent him. He had to represent himself and it has not gone well ever since.
But keep in mind that if you are a bad client or "difficult" client you may not get another one.
You are the manager and the attorney is your service provider. If he is not getting the job done or is not paying enough attention to your case it is unlikely to get any better.
Now keep in mind that many first-time plaintiffs think that the legal process is going to move far faster than it actually does. They also think they are going to receive millions when they might only get a few thousand. The speed varies from court to court and state to state but rarely do we see "speedy justice".
Do not assume that your attorney is going to meet her deadlines! They do forget about these things so you need to be paying attention. And if they are leaving motions and responses to the last minute they may simply not make it in time or do a poor job because of the deadline. You are screwed!! So you need to know the deadlines and the schedule and make sure your attorney is meeting the deadlines.
If you are a plaintiff and have a contingency contract you still have the right to change attorneys. Usually it is a good idea to find a new attorney before firing the old one. Generally (it varies by state) the old attorney will work out compensation with the new attorney for some compensation for his expenses on the case and the time he spent.
But again, you only get so many at bats. It is harder to hire a good attorney after you already have one. So try to do it right the first time. The second attorney is worried that the first attorney already messed up the case. Or the second attorney thinks that you may be an unreasonable client.
I had a client that actually fired two attorneys and then could never again find someone to represent him. He had to represent himself and it has not gone well ever since.
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