Legal Question in Medical Malpractice in Michigan

continugency fee

we paid our lawyer 12000 dollars,, fee alredy. it has been 4 yrs he has messed with our case. now 1 month before trial date to go to jury. he ask for 10.000 dollars because he says he has not finished his depositions for expert witness. we have no more money, can this be throwed out of court because of this.. he says we can take it to jury without expert witness, we also signed a continguacy fee.


Asked on 8/03/02, 8:39 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: continugency fee

It sounds to me like you agreed to advance costs and his fee would be based on a contingency. It sounds like it will cost $10,000 or so to pay the experts to testify at trial. Unfortunately, the medical profession only understands the dollar bill. It is not unusual to have such costs right before the trial in order to pay the experts, etc. If you cannot bring in the experts, yes, your case will be dismissed. However, it may be very difficult but perhaps you can interest some lawyer (make sure it is an experience member of the Michigan Trial Lawyers who specializes in malpractice) to take over the case and advance those costs. I have a better idea. There are groups who fund cases for trial. They will advance the costs and not be repaid unless you win. If you win, the interest is very hefty. In your situation, this may be the best bet. However, they are very picky about what cases they will do this on. If you need the referral to one of those groups who lend money on those terms, call me at 248-353-9400.

Read more
Answered on 8/05/02, 7:09 am
Mathew Schwartz LegalGenius.com

Re: continugency fee

Without an expert, your case will almost certainly be dismissed. Give us a call at (800) 209-4000. We will have one of our medical malpractice attorneys speak with you. We may be able to assist you depending on the facts of the case.

Read more
Answered on 8/05/02, 9:34 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Michigan