Page 118 - Cityview_July_August_2014

law: Don’t Wreck Your Check

rather than giving the client any infor- suit can be such a trigger, as can filing Part of the purpose of this oversight

mation about the responsibilities of the an appeal. an unscrupulous firm learn- board is to ensure that all attorneys
law firm, the document consists virtu- ing that a quick settlement is imminent conduct business in a similar manner and

ally in its entirety of client concessions may rush to file, knowing full well it operate by the same rules. that is why
regarding payments and fees—granting will never have to appear in court, but the attorneys Cityview spoke with did

the firm almost absolute legal power to jacking up its share of the proceeds.
not mince words about local law firms

extract money from näve signers.
finally, a responsible attorney
that engage in shady practices. “in my 37
the contract scores low for clients
helps the client after the settlement in or 38 years of practice,” says fox, “it has

in another way. a major indication
dealing with subrogation issues, such never crossed my mind to have escalating
that a law firm is second rate is how
as hospital bills. besides paying your fees. in fact, sometimes we reduce our

it handles the expenses related to attorney out of your proceeds, you may charges because we don’t recover what

pursuing a case. if an attorney demands have to reimburse your own insur- we expected.”
out-of-pocket costs from clients before ance company, health care providers, here is what you should typically

settlement, then it’s a good bet the firm and others who have subrogated their expect to pay in tennessee for contin-
has low margins and operates on the claims to yours. according to fox, gency cases:

case-volume model, rather than secur- “Your attorney will have more under- • Car accident or personal injury—1/3 of
ing the most value for fewer clients standing of and experience with this recovery, reduced to 25 to 30 percent if

who have the strongest cases.
process than you do and will also be settled before trial

“that’s the reason for contingency able to negotiate on your behalf if the • Workman’s compensation—set by
fees in the first place,” says fox. “the jury award limits your ability to pay all statute at 20 percent of recovery

attorney absorbs the risk of the cli-
these debts in full.”
• Medical malpractice—capped at 1/3 of
ent losing the case, but receives fair for example, Medicare may waive its recovery by statute

compensation when the client prevails. share of a settlement in case of hard- • Complex product liability—40 percent

i don’t lose often, but when i do, i eat ship. almost any provider will reduce of recovery.
those costs.”
their charge by one third to one fourth, the reason the last can cost more is

Jones says that attorneys who if you negotiate with them. an inferior, the expense and difficulty of the case.
demand expenses be paid up front from volume-based attorney will take his cut hence, attorneys who either pass out-of-

their clients often force those clients
and be on to the next case, leaving you pocket expenses to their clients immedi-

to settle because they cannot afford to alone to sort it all out. ask a potential ately or charge them higher contingency
keep the case going. getting a single lawyer, therefore, what is the firm’s fees in routine car accidents and other

medical deposition of an expert wit- subrogation process after settlement.
personal injury cases likely do so because
ness, Jones says, can cost $1,500: “at
they have less confidence of winning

a given time, i might have $300,000
The Good
those cases than do the attorneys who
to $500,000 out of my own pocket for Just like doctors, attorneys are charge standard rates.

clients. but you put your money where practitioners of a profession with the superior lawyer selects fewer,

your mouth is. Make a value judgment standards and codes of conduct. in stronger cases and then pushes those
about the case, and be prepared to 1976 the tennessee supreme Court cases with focused effort. as Jones puts

advance the costs necessary to win it.”
created the board of Professional it, “in court i’ve gone up against these
Pryor adds, “helping a client man- responsibility “to aid it in supervis- other [high-volume] attorneys who

age the expense of litigation is part of ing the ethical conduct of attorneys.” weren’t qualified or weren’t prepared. a

a lawyer’s responsibility in his or her this nine-member board can sanc- good lawyer can always make a good liv-
service to the client.”
tion attorneys who act unethically, ing, but it’s like that old saying: ‘Pigs get

before signing any representation from reprimanding them privately to fat, hogs get slaughtered’.”
agreement with a firm, clients should suspension to complete disbarment. although it may seem counter-intui-

look for what the attorneys Cityview further, in 2002 the supreme Court tive, the lawyer you want is not the one

spoke with referred to as “trigger-
implemented the Consumer assis- who has taken on thousands of cases just
ing mechanisms”: these triggers are tance Program to resolve consumer like yours. instead, go for the lawyer who

actions that allow attorneys to increase complaints that do not meet the level takes on far fewer but wins almost all of
their fees or their share of any settle- of serious ethical violations. such them. You may wind up paying less, and

ment. for example, actually filing the
complaints include fee disputes.
you will certainly receive better service.

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cityviewmag.com july august 2014