Dear Lil: I probably didn't make myself particularly clear regarding the
contingency fee arrangements here. Our attorneys DO pay the out-of-pocket
costs as the case progresses, i.e., expert witness fees, deposition costs,
court (filing) fees, etc. We call these "costs advanced," and these don't
come out of the plaintiff's pockets -- the attorneys pay them, but once the
case is settled, either in or out of court, these costs are deducted from the
plaintiff's portion of the recovery. If the case is lost, and there is no
recovery, the plaintiff will be responsible for the costs. However, most
attorneys won't take a case where they see a chance of this occurring.
Malpractice cases have to be excellent before the attorneys around here will
take them. I'm sure that's the case in most states. Attorneys (at least
around here) who assure clients the case won't cost them a cent are
misleading them. If the recovery is large enough, however, the client
probably wouldn't even miss the costs.
Love, kathy
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