Consult Fee Archives - The Poliquin Firm

The Costs of Litigation

Ron Poliquin — Wed, 16 Jan 2019 22:00:11 +0000

The Costs of Litigation

I’m here to talk to you about the cost of litigation and the decision to settle a case or take a case of trial. Now as an attorney and every attorney has heard this, you hear it sometimes, they say it's about the principle and in the real-world principle costs money. Anytime a client usually comes in my office, they've been usually wronged in some way and you want the other side to pay and restore you to where you were prior to the wrong. But in making this decision you have to decide how much that will actually cost you because you want the other side to pay, but you're going to have to also pay. That's why we're going to go through it today.

The old saying for attorneys is, be careful of a client that comes in and says, "I don't care how much it costs", because that client never had any intention of paying you in the first place. The truth is most people don't have the funds to litigate a case 100% or to the death. I like to use an example here to explain to you something. You know, there's the famous Hulk Hogan vs. Gawker lawsuit which was an invasion of privacy lawsuit. Which eventually lead to Gawker’s demise. Gawker was a website that essentially published tabloid type information from the private lives of public people.

What people might not know is that lawsuit was actually secretly funded by PayPal billionaire Peter Thiel. Now Peter Thiel hated Gawker because he saw them as a website that ruins people’s lives for no good reason. They had published unflattering stories about him, so he secretly funded a team of lawyers to find and help victims of Gawker's coverage of them to mount cases against Gawker. Now most people don't have a Peter Thiel so therefore the settlement of the lawsuit might be in their best interest. The timing of that settlement is going to depend on various factors.

I just made up a little list here regarding the cost of litigation, some expenses that you're going to see here:

Filing fees - it could range from $45 in Justice of the Peace Court to $400 filing fee in U.S. District Court.
Request of records - a lot of times you are going to need to order medical records or other records. Sometime that goes about 50 cents a page but that's going to vary.
The cost of depositions - that's when you ask questions to the other side or they ask questions of your party under oath with the court reporter. Sometimes it's recorded audio or visual, that's going to run from $200 to $900 each.
Expert fees - in some cases where there's going to be some kind of allegation of negligence, you're going to have to have an expert. Or a lot of times in personal injury cases I find that it is about $3000 review the actual case, $3000 to write an expert report and it could be $8500 for trial testimonial. That is just an example of a recent case I had where that was the listing of this doctors fee agreement.
Private Investigation - If you need a private investigator to sometimes interview people, sometimes to serve people or sometimes to look up information that could cost you $75 an hour.
Attorney Fees - I find in this area a new attorney is going to be $250 an hour, a more experienced attorney can go up to $500 an hour in Delaware. Sometimes cases can be higher. Those are real cost, who pays for these costs? Almost anytime the client is going to pay the cost. Meaning it didn’t matter if it's going to be a contingency fee or an hourly fee. Contingency fee is win are you don't pay that attorney until the very end. They don't get paid until there's a settlement or there's a there some kind of trial and judgment versus hourly fee were paying hourly but the client almost always pays the costs. Where in some cases an attorney may advance the cost, meaning paying them up front and you pay him later on. Or in some cases the client pays the cost as they come in.

So, these are costs that are going to come out of you. Obviously, the earlier you settle the case, or resolve the case, the less costs there are going to be. You have to talk to your attorney about how much would the cost be for this case and will you end up getting less because of all the costs you paid in a case if it goes forward. There is also consideration for settlement because of cost of time versus any uncertainty when you go to trial. No matter what court you are in, whether it's Justice of the Peace Court, Family Court, Chancery Court, you're rolling the dice if you let a judge decide. Meaning that you're taking it out the hands of the two parties. Where if you settle a case, you're not going to get everything you want, but you're going to get something versus the uncertainty of letting a judge make a decision or a jury make a decision.

Ronald Reagan once said, “I rather get 80% of what I want rather than go over the cliff with my flag flying.” If somehow in settlement you're getting a lot of what you want, I would recommend that client accept the settlement rather than taking a risk further on an having more court cost to come forward with attorney’s fees. I had a recent Family Court case where I fully expected this case to go to a hearing. We had prepared to go to a hearing and I was prepared to go to the hearing. We had cost of depositions, we had other various costs, I'd put a lot of time in and the case got settled right before trial. The reason why it got settled is because my client got 80% of what they wanted. So yeah, they could've taken a risk and go to trial and got more perhaps, or they could get the risk of taking less. So, I recommended in that case for that person to take the 80% and not take the risk. I always say the best way to get a good settlement is litigate the case like it's going to trial. It's best to be prepared to go to trial and settle the case then just trying to settle a case and not being prepared to go to trial. I think that's the worst position you could be in.

This is Ron Poliquin, DoverLawOffice.com. You have an obligation to yourself to know your rights and your options to make the best decision for you. I don't decide for my client to go to trial or settle, they make this decision themselves based on the best information I have and the options they have. Thank you!

Give me a call today if you'd like to discuss your case.

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Why Do Most Employment Attorneys Charge A Consult Fee?

Ron Poliquin — Wed, 19 Dec 2018 04:28:17 +0000

Delaware Employment Attorney, Ron Poliquin, often gets questioned about, why do most employment attorneys charge a consult fee? People get onslaught of commercials and ads and everything in the media, free consult, free consult and that usually pertains to personal injury and car accident cases. It is easy to see why people would be confused.

Why Do Most Employment Attorneys Charge A Consult Fee?

Ron Poliquin, DoverLawOffice.com. I am your Delaware Employment Attorney.

What we are discussing today is a topic I often get questioned about, why do most employment attorneys charge a consult fee? People get onslaught of commercials and ads and everything in the media, free consult, free consult and that usually pertains to personal injury and car accident cases. It is easy to see why people would be confused. Here is what I'm doing, I'm trying to answer why experienced employment attorneys charge a consult fee.

First of all, employment law is different than personal injury law. Most of the time when a personal injury client is coming in to see an attorney, that attorney knows they are going to sign on that client. There is a high percentage of success that there will be a settlement of some kind, employment law is different. Employment law is harder law as far as employment lawyers need to be more particular about the type of clients and cases they bring on. It has a much lower rate of converting clients to successful cases. That is simply because if you get hit by a bus on the street, or you get a car accident, there's going to be injuries, there’s going to be a settlement, there is going to be insurance. Employment law whether it be sexual discrimination, unpaid wages, gender, race discrimination, whistle-blower act, a lot of times there's no insurance involved. You are not dealing with an insurance company. So, if I'm suing XYZ dry cleaner for the most part they are not going to have insurance to pay that out. That makes it more difficult for the attorney to get an early and easy settlement for the client.

Secondly employment law is a lot more personal. If you are working at somebody's factory and have a slip and fall or hurt your hand, there is nothing really personal about that. There is nothing where you are really attacking the employer and the employer usually as workers’ compensation insurance. If you are claiming somebody sexually harassed you or racially discriminated against you, you are kind of attacking that person's character and business. People that own small businesses, or medium businesses, they take that very personal. So, they are much more likely to fight and litigate an employment law case then they are a workers’ comp case. That is really out of their hands because workers’ comp insurance is completely a different kind of animal. For employment law I find it takes longer for lawyers get paid. To obtain a settlement, it's a lot more work. There is a whole process and I'll go through that in another video as far as the EEOC, Department of Labor charge process that you have to go through, priority healing and even filing a suit in an employment case.

Attorneys want someone invested in their case, so in a way, they charge consult fees to weed out some bad cases or people that really won't have any skin the game. To a certain extent, I understand it's a little unfair because if you just got fired, do you have money to pay a consult fee? There are sometimes when I will not charge a consult fee, depending on the circumstances. What I will say as far as the benefits to of paying the consult fee to the client, get the right information first even if you pay for it, $300 for peace of mind is worth it, as far as I'm concerned. Most of us can scrounge together $175 bucks to $300 to pay an attorney and get the right information first, whether than going to an attorney that maybe dabbles in employment law.

Let’s put it this way if you’re with an attorney and you are telling him about your case and all the sudden they gotta pause, run up and take a break somewhere, they are probably Googling up with Google what information they are trying to get. Go to an experienced employment lawyer who knows the law and knows how to handle a particular case from A to Z. There are a lot of specific issues that go along with how to handle a case. Get peace of mind, go to an experienced employment lawyer. I know it's a little bit of a bite to pay that consult fee. But I'll tell you what, if you mentioned that you watched the video, I will wave a first time consult fee for you. Okay great talking to you, I hope that helps a little bit. Remember fight for your rights, you have rights, get peace of mind. Ron Poliquin, out. Thanks!

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How Should Clients Prepare For Their First Consultation With An Attorney?

Ron Poliquin — Tue, 23 Oct 2018 12:15:10 +0000

Ron Poliquin here at DoverLawOffice.com, I am your Delaware Employment Attorney. In today's video I am going to discuss how should clients prepare for your first consultation?

How Should Clients Prepare For Their First Consultation With An Attorney?

Ron Poliquin here at DoverLawOffice.com, I am your Delaware Employment Attorney. Today's video I am going to discuss how should clients prepare for your first consultation? How do you prepare best sitting down with your attorney for the first time? It is usually a very nervous time for a client but I'm going to go through some tips that I think will help assist you in sitting down with that attorney. More importantly assist your potential attorney with handling your employment case.

I always do an intake sheet before the client comes. I keep that intake sheet on my website www.doverlawoffice.com and you try to fill that sheet out prior to coming and fill it with as much information as possible. This gives the attorney a preview of what the case might be, what kind of causes of action that caused it. Causes of action is basically the basis for a lawsuit, the basis for some sueing someone. I know some law firms will have a client do the intake in their law office, you may feel rushed. The attorney may need to see you right away so, I always recommend doing the intake prior to coming to the attorney’s office. That gives me a little heads up on what he's going to be seeing you about. Most employment attorneys charge some kind of consult fee. I will do a separate video on why that is compared to personal injury cases. Be prepared to pay that consult fee. It can be anywhere from $100 bucks to $350 bucks for a consult fee for an attorney. Come prepared to pay that, most attorneys accept credit card. Don't be in a position where you don't have the fee and then you have to reschedule or borrow money from your uncle Joe or whatever before the consult. You want to make sure that you have that fee paid up.
I always find this really helps me as an attorney, bring some kind of timeline as far as how the situation went. Meaning November 5, 1992, you were hired by XYZ company. September 6, 2001, you requested time off for medical leave under FMLA. That next month you were terminated. Bring some general time frame that always helps. I also like a cast of characters, meaning the central people in your case. Give me a list of those cast of characters and cast of characters if you had their contact information, email, phone and address that always helps.
Documents how many documents should you bring? Do not come to my office with 5 plastic bags worth of material, you will look like a crazy person. Bring the essential documents to my office maybe if there was a contract involved bring the contract. If you need pay stubs bring some pay stubs, not all of them. If there's essential emails that were sent out, try to bring those. As far as with documents, do not give your attorney original documents. Anytime you give someone original and to you, the most important document they tend to lose them. I always make it a policy of my office to scan or make a copy of your originals and give you back the original. I think that's the best practice there.
When you're with your attorney, you need to tell your story and tell it honestly, the good, the bad and ugly. Attorneys expect that not every case is straightforward if there's bad facts we want to know as fast as possible, so we can prepare the case. So, we could honestly give you an assessment. I cannot give an honest assessment if I don't have all the facts. If you're not quite sure if it's an essential fact or not, just tell your attorney and let them decide whether it's an important fact are not an important fact.
Keep a file for yourself, that goes with keep the originals but keep a little file. Let's see what if I have something here. Something that looks like this. Just put my case, keep your legal documents in there. Just keep everything in one file for yourself. Be organized…right.
Take notes during your consult because you're not going to remember everything that the attorney said. Your emotional state, the attorney might be talking fast. There is going to be a lot of information but take some notes or bring somebody that's going to take some notes. Do not record your attorney. I have had this happen, I'm not going to let that happen. No attorney is going to let you record them on the consult. But take notes and bring the list.
Bring a list of essential questions and concerns during your consult. You are going to forget to say some stuff. So, before your consult write down your questions or concerns. Make sure you get them answered during the consultation. Write them down first because in all likelihood if you have a bunch of questions you are going to forget about them during the consultation.
Be open minded, meaning that one, you are there for your attorney’s expert opinion. You believe he knows more than you. Maybe the case is not as great as you thought it was. Maybe there is some facts he needs to find out. Maybe there is a different case than the original case that you came it came in there with. I often find that sometimes someone will come to me with the case they think is the case but really, it's about something else or it's about some other cause of action. So be open minded that the case may be different than what you thought it was.
If you plan to retain an attorney, take time to read the fee agreement. It is important. It is not something that you should glance over. Any attorney will let you take time to read it. Take it home for someone to look over. It is important, it's a contract you are essentially signing. Basically, contracts are there if things go badly or if there's a disagreement later on between how much of that the attorney gets, how much you get, whether it is a contingency fee, hourly fee, or there is some kind of hybrid fee. Read the agreement to make sure you understand it. Make sure you understand the essential parts of it before signing it. No attorney is going to get offended by you reading it over and taking your time. In fact, I usually leave the room for a few minutes to let them look it over.
Last tip, initial consultations are kind of like a first date. You are feeling each other out, you are seeing if you guys mesh well, if you guys connect. If you don't feel connected with that attorney, no matter how good of a reputation the attorney has, I would look for another attorney. You need to be able to trust your attorney, if you don't trust the attorney then you're not going to make it easier for that attorney. If you don't trust his judgement, if you want to second guess him, if you think he's taking it the wrong way, don't feel obligated to hire this attorney. I understand that you may have paid a consultation fee but that is going to be a long time you're going to be in a relationship with this person. You have to be able to trust them, trust their judgment and trust their competence.

It goes back to it's important hire a competent employment attorney. If you don't feel trust in that attorney, do not hire them. Look for another attorney or more than one. I tell people this all the time, that there are sometimes people who just don't connect and that's okay. I'd rather have a client say, "I don't want to hire you, I want to go somewhere else" than if he had retained me and be second-guessing me the whole time and not really trusting my judgment.

Anyways, that is how to prepare for your first consultation. If you want to hire me, or you would like to have a consultation, call me up. I'm Ron Poliquin, I am your Delaware employment attorney, DoverLawOffice.com thanks.

How Should Clients Prepare For Their First Consultation With An Attorney?

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