I hired a lawyer on a personal injury case signed contract. The lawyer wanted me to pay for medical reports. Its supposed to be a contingency contract he also sent bill for deposition and other things. Is my case weak? And he doesnt want to waste his money.

 

Welcome to the Lombardi Law Firm website. Being prepared isn’t the same as being able to litigate a lawsuit. Don’t be foolish, be prepared and seek good legal advice from a seasoned personal injury lawyer. Know your rights, protect yourself and be alert to risks that can cause injury or death. Visit the Lombardi Law Firm’s website. Steve Lombardi writes for each and explores the how's and why’s people are injured. He also provides commentary and insight on his blog at The Verdict and on the Des Moines Register. We try to make our website an interesting source of information for all people who seek information concerning injury or death. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe. Call us if you have legal or safety questions. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety that readers bring to our attention about the workplace and on the highway. Good luck on the road and job site and be safe. sdlombardi@aol.com
 

If you or your spouse is involved in any kind of accident contact the Lombardi Law Firm. We will assist you with your claim. Steve Lombardi has more than 30 years in civil litigation including death and injury cases for workers and their spouses from many types of accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay call him today. Attorney Lombardi writes for blogs at The Verdict on Lombardi Law Firm, the Iowa Edict and on occasion on the Des Moines Register web site. Steve Lombardi is a personal injury lawyer, husband, father and grandfather who pride’s himself on doing more than just practicing law. Join us in making the world a safer place.

Know your rights, act proactively and protect yourself.

 

 

A:

Your question isn’t very artfully constructed but I’ll attempt to answer your questions. I understand you signed a contingent fee agreement and thought all costs for litigation expenses would be advanced by the lawyer. Remember the contingent fee can include provisions for fees and expenses. A contingent fee doesn't mean the attorney automatically advances litigation expenses. Some lawyers can afford to while some cases don't warrant a lawyer taking that risk. Some clients are high risk because of how they fail to cooperate or aren't totally believed by the lawyer and the case could fail for untruthfulness. Some litigation is just so expensive that no attorney is willing to advance expenses. (Bernie Madoff fraud litigation would be one example.)

It could be any number of issues as to why he’s not willing to advance the expenses or it may just be a misunderstanding. Here are a few possibilities.  

1. How strong is your case – if weak then the lawyer isn’t going to want to invest a lot of money and not show a return of his investment in your case. Solution: Sit down with the lawyer and ask about the case and how strong the facts. Communication issue.
2. The lawyer is willing to advance the costs of litigation but still bills his clients and waits to see if they pay him. Solution:
3. You don’t have a copy of the contingent fee agreement and don’t know the terms. Solution: Ask for a copy.
4. You have a copy of the contingent fee agreement but didn’t read it. Solution: Read it and see what it says about advancing costs.
5. You have a copy of the contingent fee agreement, read it but the terms aren’t clear about who should advance the expenses. Solution: Read it again and call the lawyer for an explanation.
6. The contingent fee is clear and the client is to advance litigation expenses but things have changed and you can no longer afford to advance expenses. Solution: Call the lawyer and work it out or find a new attorney.
7. The lawyer hasn’t the funds to advance. Solution: You picked the wrong lawyer. Get a new one.
8. The lawyer is supposed to but isn’t doing it. Solution: You picked the wrong lawyer. Get a new one.

Rules of Thumb:  

1. If you don’t understand what you are supposed to do, then ask questions.
2. If you don’t understand the answer ask more questions.
3. Be patient but not stupid.
4. Be organized when you speak with the attorney.
5. Write your questions down before telephoning the lawyer’s office.
6. Don’t telephone the lawyer just because you’re nervous and want to chat.
7. Understand the stages of litigation and what you are supposed to do for each.
8. Gather documents, make copies and deliver them in a timely manner to the lawyer.
9. Be willing to communicate by email and to speak with the staff to ask your question.
10. If you can’t agree to work it out find a new lawyer.
11. Fire the lawyer in writing asking to pick up a copy of the file in 3 business days.
12. If the lawyer won’t give you the file go to the Iowa Bar Association website (the one for lawyers not the taverns) and download the complaint form, fill it out and file it with the Iowa Bar. Don’t wait your case me be history.

 

Welcome to the Lombardi Law Firm website. If you or an interested person are in a collision and you would like the crash analyzed you'll need to contact Attorney Lombardi. This may or may not result in an attorney-client relationship and simply asking for a review does not in and of itself create such a relationship. If you ask and Mr. Lombardi thinks you have a case he will say so and provide an agreement for representation that then creates an attorney-client relationship. The bottom line is that Mr. Lombardi has to agree to take you on as a client; the first step of course is asking him. You've got two ways: telephone 515-222-1110 or email sent to sdlombardi@aol.com.
We try to make our website an interesting source of information for all people who may have suffered an injury or whose relatives have been injured or killed. We attempt to provide information that makes you more aware of how to avoid injury and death.  We are here to assist you to stay safe and with your legal problems. Call us if you have legal questions or if you have safety concerns. (515-222-1110) We are willing to assist you in finding answers to your questions and regularly write about safety measures that readers bring to our attention. Good luck on the job and be safe. Steve Lombardi is a personal injury lawyer in Iowa, but prides himself on doing more than just practicing law.  Email: sdlombardi@aol.com

If you, your spouse or a member of your family or friends are involved in any kind of accident contact the Lombardi Law Firm. We can assist you with your claim. Steve Lombardi has more than 30 years of experience in civil litigation including death and injury cases for workers and their spouses from car, semi-truck, motorcycle, pedestrian and construction accidents and injuries. We don't charge you to talk with Mr. Lombardi to find out if you have a case. Don't delay, call him today. (515-222-1110 or sdlombardi@aol.com)

Know your rights, act proactively and protect yourself.

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Lombardi Law Firm
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West Des Moines, IA 50266
Phone: 515-222-1110
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