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-   -   About Lawyers: Can anyone tell me (https://www.quiltingboard.com/general-chit-chat-non-quilting-talk-f7/about-lawyers-can-anyone-tell-me-t146129.html)

Maride 08-18-2011 05:17 PM

It depends on how far your sister intends to take the case. A friend of mine filed a law suit against a pharmaceutical company (not a class action). The company offered a settlement but he refused it because he wanted to win. 4 years later he won but by then the expenses of the attorney had gone so high that he had to take a personal loan to pay the lawyer. He won the case and got nothing but debt.

Ramona Byrd 08-18-2011 05:26 PM

My sister is in that same boat. Her class action law suit says that she will pay nothing, and if they win (they obviously expect to win) they will get over 40 percent. But sister says that since she started with nothing and only found out about this medicine's side effects, she is still ahead of the game.
She had had many side effects that no one had ever mentioned was caused by this medicine for ..I think gastric reflux or something like that. It was SUPPOSED to be taken for only 5 weeks or so, but 3 doctors continued it for 30 YEARS! And only when the last one was leaving town did he phone her and casually mention that it might be a good idea to stop it. So when she saw the TV mention that drug, she called them..all doctors' records were still intact and a court order got them opened.

Ramona Byrd 08-18-2011 05:26 PM

My sister is in that same boat. Her class action law suit says that she will pay nothing, and if they win (they obviously expect to win) they will get over 40 percent. But sister says that since she started with nothing and only found out about this medicine's side effects, she is still ahead of the game.

trisha 08-18-2011 07:36 PM

50%???? Are you kidding? Of course he is going to try and get everything he can, but what will all of you end up with?

Podunk Princess 08-18-2011 08:21 PM

I've worked in the legal field for over 20 years. The 50% lawyer fee is rather high. Most charge 33-1/3% or 40% and it goes up from there depending on whether it goes to trial or goes up on appeal after the trial. What you need to inquire about is the costs. You will probably be charged for copies, color copies, faxes, postage, long distance phone calls, parking, courier fees and on-line research services. Discuss these items with the attorney and possibly negotiate a lower rate for at least the copying. You'd be surprised how many photocopies are made during the litigation process, which could take up to two years to go to trial. Some firms are starting to charge for every page printed off their computers, too. Make sure you get a written fee agreement and that everything is spelled out for you.

In most civil actions experts have to be retained to prove your case. Those expert fees will run in the thousands of dollars. If a doctor's deposition or trial testimony is taken, the doctor will charge by the hour for his time reviewing medical records and testifying. Court reporter fees will be charged to you. These types of fees can really add up and you are responsible for them.

Most of all, be sure you actually do have a good solid case. Get a second opinion if you are in any doubt. As someone else advised, check the reputation and Bar status of the lawyer before you retain him/her also. Lawsuits can be very stressful for all parties involved. It's not as easy as it looks on TV. It's not a "lottery" or "windfall" in a lot of cases. But if you truly feel you have a STRONG case, go for it.

Podunk Princess 08-18-2011 08:22 PM

Oops...double post....sorry.

Charming 08-18-2011 08:25 PM

My understanding of such cases is that the lawyer will not take the case unless with this payment method unless he guarantees it. So your sister should not be responsible for anything, even if he doesn't win.

50% is a rip off really. The norm is 30-35%

Sewfine 08-18-2011 09:10 PM

Check the state board of attorneys and see what fees for different service. 33% is what I've always heard.


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