QUESTION
Will expenses be paid by client even if case is lost?
Asked on Jan 22nd, 2013 on Personal Injury - Florida
More details to this question:
I have a medical malpractice case against a physician, and the law firm wants me to sign a retainer that says I'm responsible for all costs incurred, even if the case loses. If it wins, it's deducted from the settlement, which is fine, but if it loses I'm on the hook for what I've read could be $50,000 to $100,000. Is this common and what do people do in this case? How could I possibly afford to pay those costs with all my medical bills?
13 ANSWERS
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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If your written fee agreement with the attorney calls for you to pay the costs no matter what the outcome, then that is the deal and you are responsible for the costs in the end. Some attorneys do it this way, some don't. If you want a different arrangement, you will need to negotiate with your attorney or find another attorney. You may end up paying a higher contingent fee percentage if you aren't responsible for the costsas you may expect. In any event, don't sign any agreement you aren't comfortable with. Good luck.
Answered on Jan 28th, 2013 at 11:11 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You may be able to find an attorney who is willing to work strictly on a contingency basis. Typically, if the client loses, the attorney will write off any and all costs incurred. However, some cases are a bit riskier and the attorney may ask for the type of agreement for which you speak.
Answered on Jan 23rd, 2013 at 10:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It is not only common, it is standard. In fact, it is regarded as unethical not to have that clause. As for the question how could you possibly afford to pay, the answer well may be that you can't.
Answered on Jan 23rd, 2013 at 9:59 PM
Ronald A. Steinberg
The question is whether or not they will enforce it. Usually they don't.
Answered on Jan 23rd, 2013 at 9:59 PM
Thomas Edward Gates
If you signed a contingency agreement, it spells out the charges you will be responsible for. Under these agreements, the attorney fees are only paid if you get a settlement of judgment. You would be responsible for all non-legal fee costs. Your attorney does not get paid unless you prevail.
Answered on Jan 23rd, 2013 at 2:06 PM
That is pretty standard. In most instances, even if you lose, the other side will not come after you for expenses. But, they legally could, so itis something to consider when signing the retainer.
Answered on Jan 23rd, 2013 at 2:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Just curious. Who do you expect to pay your costs The lawyer why should he do that. You are like almost everybody who comes to a law office , expecting the lawyer to take all the risk, give $50000 worth of time to prosecute your case and pay your bills. Wow. It is common for such retainers to include such language. Drop the matter now if you cannot afford it.
Answered on Jan 23rd, 2013 at 2:04 PM
James Eugene Hasser
If that's what the contract says, then yes, you could be responsible. You need to discuss the matter with the lawyers to get a clear understanding. If you are not happy with the answer, seek lawyers familiar with malpractice cases who are willing to "eat" the expenses in the event of a loss. Good luck.
Answered on Jan 22nd, 2013 at 9:16 PM
Michael Eric Wasserman
Yes, such a retainer agreement is not unusual. This is a situation that has no real answer in personal injury litigation.
Answered on Jan 22nd, 2013 at 9:16 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Old rules of ethics in some states, require lawyers to recite in the contract that costs be borne by the client. This was one of the ways contingent fees were first allowed. In reality, no firm expects to collect these cost if the case is lost, but you should ask your attorney to change the language unless your state bar requires this language in order to allow you to hire on a contingency basis.
Answered on Jan 22nd, 2013 at 9:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The term to describe our a normal contingency fee retainer agreement and medical malpractice cases. There are very significant costs which are incurred for expert testimony, depositions, court fees etc. in the prosecution of the case. Normally those are the responsibility of the client, win or lose.
Answered on Jan 22nd, 2013 at 9:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes. Lawyers are ethically obligated to ask the client to pay the costs.
Answered on Jan 22nd, 2013 at 9:13 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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That's between you and the lawyer you hire and what the contract reads.
Answered on Jan 22nd, 2013 at 9:12 PM