Legal Question in Personal Injury in Wisconsin

If my attorney handles a personal ijury case , and tells me no fee or cost unle

The question I have, if my lawyer has a no fee unless he collects, then asks me for money up front, should I pay him or look for another attorney.


Asked on 11/21/03, 9:54 am

2 Answers from Attorneys

Frank Pasternak Pasternak & Zirgibel S.C.

Re: If my attorney handles a personal ijury case , and tells me no fee or cost

Though my firm does not do this, it is not an unusual practice in cases that are expensive to pursue like those requiring an expert and/or involving medical malpractice or products liability.

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Answered on 11/21/03, 10:04 am
Jonathan Safran Samster, Konkel & Safran, S.C.

Re: If my attorney handles a personal ijury case , and tells me no fee or cost

If your attorney is handling your case on a contingency fee basis, you should have a written retainer agreement or terms of employment document that you signed. You need to first review the document. Without knowing the facts or your case, and potential problems with your case, if any, it is difficult to give you a good answer. In certain situations where there is a significant risk of no recovery, an attorney can ask the client if he or she is willing to modify the agreement to change the terms. Many retainer agreements give the attorney the option to ask the client to pay the costs of pursuing a case, up front. I am not sure if the attorney is asking you to pay the costs up front or if he is asking you to pay a retainer for his fees for his time to pursue the case. Unless the retainer agreement allows for the option of the fees to be paid as a retainer, as an alternative to a contingency fee, and if the money is not being requested for the costs, it sounds as though the attorney is attempting to change ther terms of the agreement from a contingency fee agreement to a different form of fee compensation. You need to check what the document said that you signed and then decide whether the attorney is requesting what the agreement allows him to request or whether he is attempting to change the original terms of the agreement, before you make a decision on paying the money or changing attorneys.

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Answered on 11/21/03, 10:05 am


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