QUESTION

Need ethical advise about how to deal with my lawyers working on my case? They seem to ignore my request for contingency this far out?

Asked on May 29th, 2014 on Business Law - Texas
More details to this question:
I have a defamation suit filed against "John Doe" in state of TX against some malicious links and false information posted online about my personal life. I have hired a law firm which have expertise in this regards. Unfortunately when we had a phone call they told me usually cases like these could run between 3-5k for filing a subpeona against the websites. I agreed to paying the 5k in retainer only to find out that it was over in 2 months and so far only complaint has been issued to the court. This freaks me out because my attorney fees are $400 an hour and there is no way i can afford additional charges of 10 hrs of more billed to me at end of every month? I went into this thinking that with 5k I will have the subpeonas sent to website owners and the links would be down. But the way my lawyers are charging I am afraid I am going to be in high debt for legal fees. I have sent emails to my lawyers and it gets ignored. What to do now?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If you think your current lawyers are too expensive, try to find someone who will handle the matter less expensively, perhaps even on a contingency, and then change attorneys.   Your new attorney can handle getting the substitution process.  You should know, however, that even if your new attorney handles the matter on a contingency, however, you will still be responsible for expenses, such as the cost of a court reporter for a deposition, copying costs, filing fees, etc. When you look for another attorney, make sure you ask a lot of questions, because it seems to me that you did not understand the process when you hired the first lawyers (Why would you file a subpoena against a website?  How would a subpoena stop someone from doing something?  What authority would you have to force someone to stop doing something without a court order?) Your former attorneys may not have been clear enough about the costs of litigation, but you should know that it is very expensive, and that your lawyers can't always control the costs, because they depend, in large part, on what the other side does.  For example, if I write a collection etter to a debtor, and the debtor pays my client, that doesn't cost my client very much.  But if the debtor ignores my letter and I have to sue him/her/it, that will cost my client much more.  If the debtor then fights the lawsuit, and engages in discovery (document requests, depositions, etc.) that will cost my client more.  I can't control what the other side will do, and the more the other side fights, which will cost the other side money, the more it costs to fight back.
Answered on May 29th, 2014 at 3:21 PM

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