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  1. #1
    Join Date
    Mar 2008
    Posts
    93

    Angry Attorney Fees

    I want to know exactly how I can make a difference when it comes to the judge making a determination on fees the only things he has done period are one drive me crazy ,two make three ame appt. and lastly not do one single thing he tells me every time we speak !!!!!!what can I do to make him feel like I have considering he is placed to make tens of thousands of dollars period !!

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Atty. Fees

    ask for an itemization of services including time for each.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Atty. Fees

    he is placed to make tens of thousands of dollars period !!
    Basically...nothing.
    The judge will make the fee award based on the work your attorney has done...it's not something you will even be involved in.

    TENS OF THOUSANDS OF DOLLARS.... ? Is that another joke like the value of your future medical...?

    Let me explain something to you... I have a 100% PD...my atty fee was based on a commuted PD/life pension value of $425K...the fee of 12% was about 50K...the AA worked over 10 years for that money...one deposition, two MSC's, and a Stipulated Award...

    If you weren't happy with the representation you received from your attorney, you should have terminated the relationship long ago, and handled this claim "Pro Per''...

    ,two make three ame appt.
    You really think all there is to 'negotiation' for an AME is making an appointment...?
    Have you not been reading here, and on other forums what IW's go through when attempting to settle a Disputed Medical Issue...?

    Now that you are nearing possible resolution to your claim, and getting a glimpse of the potential value of your case... it must be time to look at the issues at hand and scream ''fowl''...
    Your AA did not reduce the value of your PD... Arnold did that.

  4. #4
    Join Date
    Mar 2008
    Posts
    93

    Default Re: Atty. Fees

    I hear you bvia I would just like to point out that your atty. worked for ten yrs mine only three and my adjuster is a nice guy and doesn't give him problems.

    you know my case and I think he will get a large amount of money for doing very little .

    I am not crying fowl whatever it is will be but when he tells me time after time he will do this or that and doesn't I get very mad.

    I understand your point you had a good, honest .atty. I do not whether I was getting ten million or one thousand I don't feel he is doing even close to his best for me.

    I will not fire him I will ride him until the end if he wants to quit all he has to do is waive his fees ,why fire him and still let him get a piece of my pie for nothing .I know that the negotations for the ames

    was short once he finally called the adjuster it only took one day to set the appts.
    Last edited by feelin it; 06-27-2008 at 01:17 PM.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Atty. Fees

    I know that the negotations for the ames
    was short once he finally called the adjuster it only took one day to set the appts.
    The time it took to get an appointment is not the issue... IF you were not represented you would not be entitled to use an AME... and the way things are since 899, and the PQME process, it is becoming clear that the AME is preferable to a PQME... at least with an AME you/AA know what you're walking into...with a PQME it's a crap shoot...

    All cases are unique unto themselves... one atty will work differently than another...that is not to say your AA was ''good'' or ''bad''...but you signed on... and you'll be paying the fee... the AA are entitled to be paid for the work they do...whether it is to your liking or not. As I said, you are free to sign on you are free to terminate the relationship...
    Few IF ANY attys walk away with no fee for their service...
    A judge will look at this as you being aware of what was to be presented as representation...you don't know the system, nor how to protect your interests.. message boards are great...but no substitute for an AA if you need one.

    We can discuss this 'til we're 'blue in the face' ... you won't have any, if any at all, input in your AA fee...a judge will make the award, and that will be pretty much the end of the discussion. (keep in mind that judges are attorneys before they are judges...)

  6. #6
    Join Date
    Dec 2006
    Posts
    2,165

    Default Re: Atty. Fees

    The Judge will make a determination of how much, up to the cap of 15% of your final award, based on what your attorney actually ACCOMPLISHED for YOU, which includes work actually performed, and how that BENEFFITTED your case....some cases go fairly smoothly, and others are VERY contentious.

    It sounds like your attorney was effective enough to agree to an AME who was favorable to you, and to establish a NON-Contentious rapport with your CA so that your case COULD proceed smoothly, with as little conflict as possible.

    When it IS "crunch time" for settlement negotiations, THAT is when the attorney WILL have to ensure that you get a fair settlement, and it will be further complicated if you must have a MSA and/or high Future Medicals, and usually it is at THIS juncture when the CAs/DAs AREN'T such "nice guys" anymore. They quibble over EVERYTHING...

    IF the IC/CA dig their heels in, it is possible that you will NOT be able to settle, and your case WILL go to trial, and trust me, your attorney will have EARNED EVERY PALTRY PENNY, thanks to the the ridiculously low PD awards, compliments of ARNIE and SB899...we should all be grateful that their are still attorneys LEFT in order to represent IWs, IMHO!
    Last edited by Charles Stevens; 06-27-2008 at 04:15 PM.

  7. #7
    Join Date
    Jun 2008
    Posts
    19

    Default Re: Atty. Fees

    I feel your pain. I think some of these attorneys should not be allowed to practice the law. I am speaking from on own personal experience, they want easy money and dont want to have to work for it. I could file the papers on my own quicker then they have. But now they have me over a barrel because it is to late in the came to change attorneys. I did call the Ca bar asso today and did find out my attorney has been sued to negligence, I will be filing a complaint myself.

  8. #8
    Join Date
    Jun 2008
    Posts
    19

    Default Re: Atty. Fees

    sorry my last post I meant to say sued for negligence

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