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BigCatDaddy
01-11-2012, 07:52 PM
Thanks!

Fire Me Boy!
01-11-2012, 07:57 PM
Rub some antifreeze on your back?

Sorry, dude. I got nuthin' but good thoughts. Hope everything gets settled for you and the back gets better. :shrug:

Chiefnj2
01-11-2012, 07:58 PM
If you have sufficient damages you will find an attorney willing to take your case.

Phobia
01-11-2012, 08:04 PM
If leach #2 won't take your case based on the language contained in your agreement with leach #1, you need to go find leach #3 who is undaunted by the agreement you have with leach #1.

Marty Mac Ver 2.0
01-11-2012, 08:19 PM
As a client, you have the right to hire or fire attorneys at will.

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

How are you obligated to Atty 1? Did you pay a fee up front? Is he working from a retainer? Is he working on a contingency basis?

If the later --contingency-- you will be responsible for some costs he has incurred during this process. However, I am not sure how your agreement with him is structured.

That said, just tell him that you are unhappy and talk about it mano-e-mano.

If after talking to him and you still want to fire him, make sure you hire a new attorney FIRST and said new attorney reads your agreement FIRST. Tis better to have a new atty on board mid-case than suspending your suit while you find a new atty. All that does is shift the balance of power away from you and to the insurance companies.

BigCatDaddy
01-11-2012, 08:28 PM
As a client, you have the right to hire or fire attorneys at will.

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

How are you obligated to Atty 1? Did you pay a fee up front? Is he working from a retainer? Is he working on a contingency basis?

If the later --contingency-- you will be responsible for some costs he has incurred during this process. However, I am not sure how your agreement with him is structured.

That said, just tell him that you are unhappy and talk about it mano-e-mano.

If after talking to him and you still want to fire him, make sure you hire a new attorney FIRST and said new attorney reads your agreement FIRST. Tis better to have a new atty on board mid-case than suspending your suit while you find a new atty. All that does is shift the balance of power away from you and to the insurance companies.


Yes, it was a contingency. I'm just worried he will be me for so much that it won't be worth it to move to another attorney. He said he has a lot of time into it, but I don't see how. Basically the letter and him ignoring my emails have pushed me to look somewhere else.

Marty Mac Ver 2.0
01-11-2012, 09:16 PM
When you claim ignoring emails....how many are you talking about? What was the delay? What does your agreement state?

big nasty kcnut
01-12-2012, 01:13 AM
Find another lawyer and don't give out too much info that will hurt your case.

HoneyBadger
01-12-2012, 01:16 AM
Are you sure this is the best place for legal advice? I mean there are still people here who think Cassel is a good QB...

HMc
01-12-2012, 02:24 AM
I have never seen an agreement for engagement based on contingency, nevermind on in Missouri.

But commercially, i would guess that the contract contains terms that make changing to another lawyer prohibitively expensive. Perhaps the lawyer's standard chargeout rate and quite possibly more than that.

If you scan and post the terms of your deal with the current lawyer then there's at least one chap in this thread that can offer guidance (Marty).

The degree to which the current lawyer looks to enforce the termination terms will probably be a commercial decision (ie are you worth taking to court and is it worth going to court over).

Hog Farmer
01-12-2012, 03:55 AM
You're in luk. I just happen to do a little lawyerin on the side. I don't charge much either. Now, lets get this straight. The bastard that ran into you was driving a Mercedes, right ! He was driving while texting and eating a banana at the same time right ! yep, he was! Now, you've been going to the gym for rehab ,right ! I think we can get 50 million out of this bitch. Send me a PM.

Amnorix
01-12-2012, 06:02 AM
Before you fire him, I'd suggest that you call your attorney or go visit him and discuss in detail the issues/concerns you have etc.

The letter is probably a realistic concern that you need to have. Don't blame the lawyer that you have a history of prior complaints of back pain, and don't blame the lawyer that you're looking for money while doing exercises. I don't know the nature of your injuries, but back pain is one of the more active areas for fraud or inflated damages claims (not saying yours are), and as a result the entire system (including juries) frowns on them. Now you've got prior history -- that isn't going to help your case any.

And, btw, not directed at you but at this entire board and the entire American public -- I really love how everything is the lawyer's fault. Maybe your lawyer sucks in this instance. God knows plenty of lawyers suck. But all I hear is "some asshole is suing me for a car accident claiming bullshit back inuries -- fucking lawyers." Then you post "I'm suing for back injuries and the lawyer says I might not get enough because, you know, I've got prior history and I'm continuing to exercise -- fucking lawyers."

No way to win.

:rolleyes:

BigCatDaddy
01-12-2012, 06:41 AM
Before you fire him, I'd suggest that you call your attorney or go visit him and discuss in detail the issues/concerns you have etc.

The letter is probably a realistic concern that you need to have. Don't blame the lawyer that you have a history of prior complaints of back pain, and don't blame the lawyer that you're looking for money while doing exercises. I don't know the nature of your injuries, but back pain is one of the more active areas for fraud or inflated damages claims (not saying yours are), and as a result the entire system (including juries) frowns on them. Now you've got prior history -- that isn't going to help your case any.

And, btw, not directed at you but at this entire board and the entire American public -- I really love how everything is the lawyer's fault. Maybe your lawyer sucks in this instance. God knows plenty of lawyers suck. But all I hear is "some asshole is suing me for a car accident claiming bullshit back inuries -- ****ing lawyers." Then you post "I'm suing for back injuries and the lawyer says I might not get enough because, you know, I've got prior history and I'm continuing to exercise -- ****ing lawyers."

No way to win.

:rolleyes:

I had a history one 1 complaint that was kind of a after thought of why I went to chiropractor. I had a recent MRI showing an acute problem that I never had before and my chiro says I'm looking at a lifetime of issues due to where the problem happened and he's a pretty good chiro IMO. But yeah, the letter and lack of responding to my emails was what pushed me over the top and also a lot of what he said he was going to do he later said he couldn't. For example he said he would file seperate cases and later said he couldn't.

Gonzo
01-12-2012, 06:46 AM
As a client, you have the right to hire or fire attorneys at will.

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

How are you obligated to Atty 1? Did you pay a fee up front? Is he working from a retainer? Is he working on a contingency basis?

If the later --contingency-- you will be responsible for some costs he has incurred during this process. However, I am not sure how your agreement with him is structured.

That said, just tell him that you are unhappy and talk about it mano-e-mano.

If after talking to him and you still want to fire him, make sure you hire a new attorney FIRST and said new attorney reads your agreement FIRST. Tis better to have a new atty on board mid-case than suspending your suit while you find a new atty. All that does is shift the balance of power away from you and to the insurance companies.

tldr but I'm sure this is good advice because he spells ok.
Posted via Mobile Device

bevischief
01-12-2012, 07:16 AM
File a civil suit against the one who hit you.

Fire Me Boy!
01-12-2012, 07:21 AM
Before you fire him, I'd suggest that you call your attorney or go visit him and discuss in detail the issues/concerns you have etc.

The letter is probably a realistic concern that you need to have. Don't blame the lawyer that you have a history of prior complaints of back pain, and don't blame the lawyer that you're looking for money while doing exercises. I don't know the nature of your injuries, but back pain is one of the more active areas for fraud or inflated damages claims (not saying yours are), and as a result the entire system (including juries) frowns on them. Now you've got prior history -- that isn't going to help your case any.

And, btw, not directed at you but at this entire board and the entire American public -- I really love how everything is the lawyer's fault. Maybe your lawyer sucks in this instance. God knows plenty of lawyers suck. But all I hear is "some asshole is suing me for a car accident claiming bullshit back inuries -- ****ing lawyers." Then you post "I'm suing for back injuries and the lawyer says I might not get enough because, you know, I've got prior history and I'm continuing to exercise -- ****ing lawyers."

No way to win.

:rolleyes:

Of course we'd get a response like this from you, Amnorix. ****in' lawyers.

luv
01-12-2012, 07:31 AM
I could be wrong, but if it's contingency, then the only way he gets money if if he wins. If you leave, then he's out. In the case of a contingency, lawyers generally only take the case if they think they can win it, because that's the only way they're getting paid. That's also why they try to get the most for you that they can. The more you get, the more they get as well.

He obviously didn't know about your prior chiropractor visits, which he should have. Either he should have asked you about previous history of lower back pain, or you should have told him about it if he did ask you. Sounds like the insurance company's counsel did some digging and found it. In a suit like this, all of your records are fair game. If they order medical records, and they see that there's a note about a visit to a chiropractor, then they will look up the chiropractor.

With this new information, it becomes a matter of proving how much of your back pain can be contributed to the accident, and how much could be contributed to other factors. Before he found out about your other factors, he probably felt you had a stronger case. At this point he plays the odds. He doesn't get anything if he loses. Is he more likely to get paid more if you settle with the insurance company, or if you continue negotiations? It seems that, in this case, he thinks he has a better chance of getting paid if you settle.

Chiefnj2
01-12-2012, 07:31 AM
1. See what offer is currently on the table.
2. Talk to someone else and be 100% honest about preexisting conditions.
3. Send letter to current counsel explaining your disappointment (his/her change of mind, unreturned calls/emails, long time between communications) and that you would like to meet ASAP. Talk to current counsel about case weaknesses. If you are dead set on going to trial and he won't, see if you can get him to drop any claim for quantum meruit and costs and you can each go on your own way.

BigCatDaddy
01-12-2012, 07:38 AM
I could be wrong, but if it's contingency, then the only way he gets money if if he wins. If you leave, then he's out. In the case of a contingency, lawyers generally only take the case if they think they can win it, because that's the only way they're getting paid. That's also why they try to get the most for you that they can. The more you get, the more they get as well.

He obviously didn't know about your prior chiropractor visits, which he should have. Either he should have asked you about previous history of lower back pain, or you should have told him about it if he did ask you. Sounds like the insurance company's counsel did some digging and found it. In a suit like this, all of your records are fair game. If they order medical records, and they see that there's a note about a visit to a chiropractor, then they will look up the chiropractor.

With this new information, it becomes a matter of proving how much of your back pain can be contributed to the accident, and how much could be contributed to other factors. Before he found out about your other factors, he probably felt you had a stronger case. At this point he plays the odds. He doesn't get anything if he loses. Is he more likely to get paid more if you settle with the insurance company, or if you continue negotiations? It seems that, in this case, he thinks he has a better chance of getting paid if you settle.

That's what ticked me off. He had all my records and known about everything for months and acted like we had a strong case then all of a sudden a get a letter in the email that says different. I think if he would have told me face to face I would have dealt with it better then reading it on paper.

I always suspected this may get settled before trial anyways so maybe we have a strong case, but he just wants to be safe. I'll have to set up a meeting and get more details. I suppose I could be over-reacting or misinterpreting the letter to a point..

luv
01-12-2012, 07:41 AM
Actually, I was indeed partially wrong in my prior post.

I work for a mediator, and I read this post to him when he walked in the door...lol. By the end, before I read it, he said that you're probably having a hard time hearing back from your lawyer. Thought it was funny how he knew that.

Anyway, I told him it was a contingency fee, and he said what your current lawyer could do, if you decided to switch, was to put a lien on your file. Then it's usually between the two lawyers (old one and new one) to settle on terms of the lien. If it's a relatively small case, typically any such lien would scare off other attorneys, since it wouldn't be worth it to for the amount they would then have to give the old attorney for the lien.

Cave Johnson
01-12-2012, 07:44 AM
How remote (i.e., how many years ago) was the complaint to the chiro? I'd argue the fact you could exercise/lift suggested no back pain.

Sounds like you hired a guy that doesn't like to try cases.

BigCatDaddy
01-12-2012, 07:49 AM
Actually, I was indeed partially wrong in my prior post.

I work for a mediator, and I read this post to him when he walked in the door...lol. By the end, before I read it, he said that you're probably having a hard time hearing back from your lawyer. Thought it was funny how he knew that.

Anyway, I told him it was a contingency fee, and he said what your current lawyer could do, if you decided to switch, was to put a lien on your file. Then it's usually between the two lawyers (old one and new one) to settle on terms of the lien. If it's a relatively small case, typically any such lien would scare off other attorneys, since it wouldn't be worth it to for the amount they would then have to give the old attorney for the lien.

Why would he think I was having trouble hearing back from him?

BigCatDaddy
01-12-2012, 07:51 AM
How remote (i.e., how many years ago) was the complaint to the chiro? I'd argue the fact you could exercise/lift suggested no back pain.

Sounds like you hired a guy that doesn't like to try cases.

About 2 years ago. I don't even remember how I might have done it.

That's what he said the defense would argue as well.

Cave Johnson
01-12-2012, 07:57 AM
About 2 years ago. I don't even remember how I might have done it.

That's what he said the defense would argue as well.

Oh, so you're still lifting. Also not a good fact.

Think about it this way..... if you're a juror and a plaintiff comes in ripped, does that suggest disabling back pain?

BigCatDaddy
01-12-2012, 08:02 AM
Oh, so you're still lifting. Also not a good fact.

Think about it this way..... if you're a juror and a plaintiff comes in ripped, does that suggest disabling back pain?

Probably to an ignorant juror I can see your point. Although all excercises I do, do not involve using my lower back. I've seen guys in gym in slings, on crutches and that have had more damage to their back then mine, but I can see your point from an average person's perspective.

My thought process is I'm not going to let the injury steal more of my health (mental, spiritual, and physical) then it already has so I'm not becoming an out of shape, depressed, couch potato. That's trumps the money or I wouldn't be in a gym trying to rehab and stay sharp.

Almost all my stuff is controlled by machines. I'm not doing stuff Zumba, playing basketball, or volleyball where I don't have control of my body at all times. I would say 90% of my excercise are selectorized machines and bike, but because of genetics, my diet and the training I can do I still look like a pretty fit dude.

But yeah, I can see how most people in our society don't get that attitude.

luv
01-12-2012, 08:05 AM
Why would he think I was having trouble hearing back from him?

I don't know. Maybe it was the fact that it would probably be why you're frustrated enough to seek advice? I really don't know.

BigCatDaddy
01-12-2012, 08:09 AM
I don't know. Maybe it was the fact that it would probably be why you're frustrated enough to seek advice? I really don't know.

Okay. I thought maybe he was thinking I might be a pain in the ass client :)

luv
01-12-2012, 08:10 AM
Probably to an ignorant juror I can see your point. Although all excercises I do, do not involve using my lower back. I've seen guys in gym in slings, on crutches and that have had more damage to their back then mine, but I can see your point from an average person's perspective.

My thought process what I'm not going to let the injury steal more of my health (mental, spiritual, and physical) then it already has so I'm not becoming an out of shape, depressed, couch potato. That's trumps the money or I wouldn't be in a gym trying to rehap and stay sharp.

Almost all my stuff is controlled by machines. I'm not doing stuff Zumba, playing basketball, or volleyball where I don't have control of my body at all times.

But yeah, I can see how most people in our society don't get that attitude.

I think it's the fact that you can still exercise that would suggest that it must not be bad enough to warrant awarding you a bunch of money. And if you're not going to get that much money, then is it really worth the expense of a jury trial? Of course that's ultimately up to you. Maybe you could go forward in hopes of getting a jury full of body builders?

When I had lower back pain like you're describing, it took all I had to get out of bed in the morning without wincing, I couldn't bend over to ties my shoes, etc.

BigCatDaddy
01-12-2012, 08:15 AM
I think it's the fact that you can still exercise that would suggest that it must not be bad enough to warrant awarding you a bunch of money. And if you're not going to get that much money, then is it really worth the expense of a jury trial? Of course that's ultimately up to you. Maybe you could go forward in hopes of getting a jury full of body builders?

When I had lower back pain like you're describing, it took all I had to get out of bed in the morning without wincing, I couldn't bend over to ties my shoes, etc.

Mine isn't that bad right now because I'm in a chair most of the day at work, but when I had some time off of work for vacation around Christmas it sucked pretty bad. That's just from shopping, wrapping gifts, getting up and down off a couch more often, etc... Of course after the accident I was laid up for a few months.

I can function most of time in moderate discomfort, but what is 40-50 years of that worth?

BigCatDaddy
01-12-2012, 08:37 AM
I got my email returned!

Cave Johnson
01-12-2012, 10:00 AM
Probably to an ignorant juror I can see your point. Although all excercises I do, do not involve using my lower back. I've seen guys in gym in slings, on crutches and that have had more damage to their back then mine, but I can see your point from an average person's perspective.

My thought process is I'm not going to let the injury steal more of my health (mental, spiritual, and physical) then it already has so I'm not becoming an out of shape, depressed, couch potato. That's trumps the money or I wouldn't be in a gym trying to rehab and stay sharp.

Almost all my stuff is controlled by machines. I'm not doing stuff Zumba, playing basketball, or volleyball where I don't have control of my body at all times. I would say 90% of my excercise are selectorized machines and bike, but because of genetics, my diet and the training I can do I still look like a pretty fit dude.

But yeah, I can see how most people in our society don't get that attitude.

It's unfortunate, but perception matters to juries.

How'd you go about hiring this lawyer? Seriously, some lawyers are much more willing to try a case than others. Those that aren't get tagged with the [Insert Name Here] discount by insurance adjustors.

BigCatDaddy
01-12-2012, 10:07 AM
It's unfortunate, but perception matters to juries.

How'd you go about hiring this lawyer? Seriously, some lawyers are much more willing to try a case than others. Those that aren't get tagged with the [Insert Name Here] discount by insurance adjustors.

He was recommended by an attorney that is friends with my dad. I know he just won a multi million dollar wrongful death case recently. With some of the stuff in the records I can see where he is coming from. It's just one of those instances where doing the right thing in life like taking care of yourself bites you in the ass I suppose.

Thanks for the help!

Cave Johnson
01-12-2012, 10:14 AM
He was recommended by an attorney that is friends with my dad. I know he just won a multi million dollar wrongful death case recently. With some of the stuff in the records I can see where he is coming from. It's just one of those instances where doing the right thing in life like taking care of yourself bites you in the ass I suppose.

Thanks for the help!

Good that you can recognized the weaknesses of your case. The absolute worst clients to deal with are those that can't. I was forced to try a case a while back and was awarded half what we could have received through negotiation.

BigCatDaddy
01-12-2012, 10:15 AM
Good that you can recognized the weaknesses of your case. The absolute worst clients to deal with are those that can't. I was forced to try a case a while back and was awarded half what we could have received through negotiation.

I do, but it's just a little frustrating at times. If only you could make a juror feel what you feel it would be so easy.

DJ's left nut
01-12-2012, 11:59 AM
For the record, a good lawyer will always manage his clients expectations appropriately.

If your lawyer doesn't send you that letter, I think he's doing you a disservice and he's probably setting himself up for some trouble as well.

I've seen cases where lawyers end up in trials that cost their clients tens of thousands, not because the lawyer did a bad job with the trial, but because he did a bad job with his client. His client came in with a summons and the lawyer got all gung-ho on a lousy counterclaim case or something. "We'll file a counterclaim and by the time we're done, those lousy hun bastards will owe you money!" He gets an offer for a joint/mutual dismissal and advises his client against it "I'll get you that money!", afterall, he has a promise to keep to said client when he shot his mouth off earlier....uh oh, discovery time. Turns out his counterclaim is a POS, in fact his defense is a POS as well. Good luck convincing the client you got all hot and bothered of that now. Suddenly he's all in and he has to start hiring experts and going to depositions and blah blah blah... Still loses and loses badly. And he gets to pay the other sides attorney fees due to contractual terms (and due to depositions and what not, they aren't cheap).

He could've gotten his clients off for nothing more than a couple hundred in legal fees to him and a joint release of all claims. Instead he and his clients took way too big a bite because he didn't manage his clients expectations and didn't do a good job of analyzing the strengths/weaknesses.

A lawyer always has to be completely honest with his client. If he's not, he's going to hurt you more than help you in the long run.

Maybe you should fire him, maybe you shouldn't, but at least recognize what he's doing here. If he doesn't shoot you straight, 6 mos from now when the defendant is offering to pay all your medical bills but won't pay pain and suffering, he doesn't need you dragging him into an expensive long-shot of a trial because he told you "By god, I'll get millions in pain and suffering from these assholes!" Neither of you benefit from that.

BigCatDaddy
01-12-2012, 12:07 PM
For the record, a good lawyer will always manage his clients expectations appropriately.

If your lawyer doesn't send you that letter, I think he's doing you a disservice and he's probably setting himself up for some trouble as well.

I've seen cases where lawyers end up in trials that cost their clients tens of thousands, not because the lawyer did a bad job with the trial, but because he did a bad job with his client. His client came in with a summons and the lawyer got all gung-ho on a lousy counterclaim case or something. "We'll file a counterclaim and by the time we're done, those lousy hun bastards will owe you money!" He gets an offer for a joint/mutual dismissal and advises his client against it "I'll get you that money!", afterall, he has a promise to keep to said client when he shot his mouth off earlier....uh oh, discovery time. Turns out his counterclaim is a POS, in fact his defense is a POS as well. Good luck convincing the client you got all hot and bothered of that now. Suddenly he's all in and he has to start hiring experts and going to depositions and blah blah blah... Still loses and loses badly. And he gets to pay the other sides attorney fees due to contractual terms (and due to depositions and what not, they aren't cheap).

He could've gotten his clients off for nothing more than a couple hundred in legal fees to him and a joint release of all claims. Instead he and his clients took way too big a bite because he didn't manage his clients expectations and didn't do a good job of analyzing the strengths/weaknesses.

A lawyer always has to be completely honest with his client. If he's not, he's going to hurt you more than help you in the long run.

Maybe you should fire him, maybe you shouldn't, but at least recognize what he's doing here. If he doesn't shoot you straight, 6 mos from now when the defendant is offering to pay all your medical bills but won't pay pain and suffering, he doesn't need you dragging him into an expensive long-shot of a trial because he told you "By god, I'll get millions in pain and suffering from these assholes!" Neither of you benefit from that.

I see your point. I think the letter set me off a bit as it came across way different then what was discussed in our face to face meetings. I think he has a point, but I would rather have been called into the office to hear that then read some letter I wasn't expecting to receive. It was a little shocking for us.

luv
01-12-2012, 12:12 PM
I see your point. I think the letter set me off a bit as it came across way different then what was discussed in our face to face meetings. I think he has a point, but I would rather have been called into the office to hear that then read some letter I wasn't expecting to receive. It was a little shocking for us.

Would you rather be billed for the time spent on the letter, or the time spent with the face to face conversation where he's telling you the same thing?

Phobia
01-12-2012, 12:12 PM
He was recommended by an attorney that is friends with my dad. I know he just won a multi million dollar wrongful death case recently.

See? You should have died. Can't you do anything right?

BigCatDaddy
01-12-2012, 12:13 PM
Would you rather be billed for the time spent on the letter, or the time spent with the face to face conversation where he's telling you the same thing?

It's a percentage of what we get so I don't think it matters.

BigCatDaddy
01-12-2012, 12:14 PM
See? You should have died. Can't you do anything right?

It does kind of leave injury in little doubt I suppose.

DJ's left nut
01-12-2012, 01:00 PM
I see your point. I think the letter set me off a bit as it came across way different then what was discussed in our face to face meetings. I think he has a point, but I would rather have been called into the office to hear that then read some letter I wasn't expecting to receive. It was a little shocking for us.

But now there's a paper trail for him in the event he can't get his client on board w/ a reasonable settlement.

Some jurisdictions have 'offer of judgment' rules where the opposing party can make a formal offer of judgment for a certain amount. If you decline that amount and proceed to trial, you can be responsible for the other parties costs expended from the point the offer of judgment was made. It's to encourage 'reasonable' settlement dialogue.

If he ends up going forward with a bad trial and getting sued for malpractice, he has this bit of paper backing him. Further, if you were to decline an offer of judgment or otherwise cut your own throat, he has this to protect him if you try to come back after him for it.

I can understand you being taken aback by it, but it's a pretty fair move by him, IMO. Like I said - that doesn't mean he's not otherwise been a shitty lawyer, but this letter on its own isn't unreasonable.

BigCatDaddy
01-12-2012, 01:33 PM
But now there's a paper trail for him in the event he can't get his client on board w/ a reasonable settlement.

Some jurisdictions have 'offer of judgment' rules where the opposing party can make a formal offer of judgment for a certain amount. If you decline that amount and proceed to trial, you can be responsible for the other parties costs expended from the point the offer of judgment was made. It's to encourage 'reasonable' settlement dialogue.

If he ends up going forward with a bad trial and getting sued for malpractice, he has this bit of paper backing him. Further, if you were to decline an offer of judgment or otherwise cut your own throat, he has this to protect him if you try to come back after him for it.

I can understand you being taken aback by it, but it's a pretty fair move by him, IMO. Like I said - that doesn't mean he's not otherwise been a shitty lawyer, but this letter on its own isn't unreasonable.


Now that makes more sense then him doing a 180 a week after a meeting with him in his office and going over the medical records. Thanks man. You make it tough to dislike you for being a Mizzu guy.

So you would say it's pretty common for the attorney's to error on the side of not recommending a trial in these letters even though they may think otherwise? I guess the paper trail thing would also explain his reluctance to communicate via email a whole lot.