| 1. Your lawsuit is not guaranteed to win or get you | | | | usually better investment vehicles that will preserve |
| money. Even with a good experienced attorney, you | | | | the child's capital, and at the same time generate |
| may still lose.a. This is true whether you have a great | | | | better investment returns than typically found in a |
| case, or even a bad case.b. No one can predict the | | | | savings account. |
| outcome of your case, even if you have all of your | | | | 6. If your lawyer screws up your case or makes a |
| 'ducks lined up'.c. An experienced attorney is a guide | | | | mistake, he is obligated to disclose the mistake to |
| and your advocate. He will do the best he can to | | | | you and advise you to either file a claim against his |
| achieve victory for you. However, not every case is | | | | insurance company, or advise you to seek counsel |
| worthy of winning, and not every case is successful. | | | | with another attorney.a. The reason this disclosure is |
| Even an attorney with an impressive list of wins to | | | | advocated is that if a lawyer screws up, the client will |
| his credit can tell you of cases that he has lost. | | | | usually not know of the problem until much later. By |
| Unfortunately, that's the risk that all parties take | | | | that time, it may be too late to file a claim against |
| when a case goes to trial. | | | | the attorney.b. The attorney is not supposed to gain |
| 2. The true value of your case is unknown until every | | | | or shield himself from such legal wrongdoing.c. If you |
| detail of your case has been evaluated by experts.a. | | | | make a mistake, own up to it. Tell the client about it. |
| At the beginning of the case, your attorney must | | | | Advise them of their rights at that point. |
| obtain all of your medical records.b. He must evaluate | | | | 7. All lawyers in New York are required to take |
| liability in your case.c. He must review all medicals and | | | | continuing legal education classes to keep up to date |
| liability.d. He then must have his expert(s) evaluate | | | | on legal changes.a. It makes sense. You don't want |
| your case, from top to bottom.e. He must do legal | | | | to have a lawyer who's 'out of touch' with what the |
| research to see what similar cases have settled for | | | | law is, you want someone who is current on the law, |
| and what verdicts have been rendered in similar | | | | and how it applies to your case.b. Generally, a lawyer |
| cases.f. He needs to do a search of appellate cases | | | | is required to take 24 credits of classes over a two |
| to see how the appeals courts have addressed these | | | | year period. |
| types of injuries.g. He needs to know what economic | | | | 8. "Let's sue everyone we can think of, then we'll |
| losses you have suffered and what your doctors | | | | figure out who's really responsible later."a. If this is |
| believe you will need for your future years. | | | | your attorney telling you this, I'd think twice about his |
| 3. You (the client) are obligated to pay me back for | | | | or her ability and ethical obligations.b. If a lawsuit is |
| my litigation expenses, even if you lose your case.a. | | | | started against someone without having a valid basis |
| This is true. However, most lawyers in New York | | | | to do so, this could be considered frivolous litigation, |
| who handle medical malpractice and personal injury do | | | | and might subject the attorney and client to |
| not ask the client to be repaid for all of their litigation | | | | sanctions and fines. Make sure you know who you're |
| expenses if the case is lost.b. Can you imagine the | | | | suing and why. |
| indignity to a client after losing a trial, to be told, "By | | | | 9. If you lie about the facts of your case, or about |
| the way, you now owe me $25,000 for my | | | | the extent of your injuries, I am out of here.a. If I |
| expenses?" | | | | find out that you have lied about material items |
| 4. If you have health insurance, and health insurance | | | | concerning liability or damages, I will be first on line in |
| paid for your medical bills, in all likelihood, you will be | | | | Court asking to be removed from your case.b. You |
| required to reimburse your health insurance company | | | | must tell the truth about what happened to you, and |
| most of those bills...from YOUR share of the | | | | how your injuries have disabled you. |
| settlement, not the attorney's share.a. The reason is | | | | 10. Even though I tell you I pay all of the litigation |
| simple- Since you were the one who benefited from | | | | expenses, there may come a time when I might ask |
| your health insurance company paying your bills (of | | | | you to pay for them, otherwise I will not continue on |
| course you paid those hefty premiums for this | | | | your case.a. The lawyer says he pays all expenses on |
| benefit) any money you recover, is repaid directly | | | | his dime.b. At the end of the case, when and if |
| from your share.b. Your share- that means that you | | | | money is obtained for you, the lawyer is reimbursed |
| don't get your money until your insurance company | | | | for his expenses.c. In a few rare instances I have |
| gets their share first. Then and only then will you | | | | seen an attorney ask the client to directly pay for |
| receive your settlement check. | | | | their experts to come into trial, since new information |
| 5. If you bring a lawsuit on behalf of your child, any | | | | indicates that the chances of winning the case are |
| money that is awarded to your child CANNOT BE | | | | slim to none. In those cases, the attorney wanted to |
| TOUCHED until he or she turns 18 years of age.a. | | | | cut his losses and told the client, if you don't pay for |
| This is to protect your child's money, plain and | | | | the experts yourselves, "I'm asking the Court to |
| simple.b. All too often, parents, most of whom are | | | | release me as your attorney."d. The bottom line- ask |
| good intentioned and some who are not, have tried | | | | your lawyer whether this might ever happen. |
| to take hold of their children's money to use for their | | | | Comment: I hope this article has opened your eyes |
| own purposes and debts. The Courts of New York | | | | to certain facts that need to be addressed with any |
| refuse to make any exception to this rule.c. Years | | | | New York attorney you choose to handle your injury |
| ago, lawyers were only permitted to place this | | | | case. Remember, the more information you have, |
| money into Savings Banks, where the money laid | | | | the better choices you'll make. If you have any |
| dormant earning minimal interest until the child turned | | | | questions, please feel free to call Gerry (at no |
| 18 and it was withdrawn.d. Nowadays there are | | | | obligation or expense to you) at 516-487-8207. |