Home > Research Legal Advice > Nursing Home Abuse - Neglect > I can not afford a $5000 retainer for attorney services for an elderly f...
Asked about 1 year ago - San Antonio, TX
FlagI need a Power of Attorney pulled IMMEDIATELY!!! This is a case of elderly financial exploitation against my mother! I can not afford a $5000 retainer fee for legal services, although I have some resources. This case is big! My mother who has mental illness inherited $6 million when my dad passed away 5 yrs. ago, an old family friend (NOT!) wheasled himself in to become now the P.O.A. and executor of her estate (I am an only child), He is working in coordiantion with the Stock Broker and a local Attorney to pull off this scam. I have done hours & hours of research on this and have a paper trail to prove what is going on. Please Help Me~I am desperate! This is Abilene, Texas, but I need to hire an attorney in Dallas or San Antonio. HELP! REBECCA in SATX
Most attorneys who handle this sort of work will require some form of an upfront retainer. This is not because they are looking to gouge you on the fees. Rather, this is to cover "out of pocket" costs that you would be responsible for no matter what. For example, if you're filing an arbitration with FINRA against the broker, the filing fee alone. FINRA has a filing fee calculator on its website which is helpful and will give you an idea of what "out of pocket" costs are - http://apps.finra.org/ArbitrationMediation/ArbF.... You're coming up on 6 six years, which is a very BAD thing - you may be totally precluded from seeking relief against the broker if there is an arbitration agreement in place, as FINRA has a 6 year "eligibility rule."
The retainer would also likely go to pay for an expert witness to analyze the accounts. It is very tough to win a case like this w/o an expert to prove up damages. Experts can run a very small amount to hundreds of thousands of dollars, depending on the case. My guess is that you're somewhere in the middle.
I'm not entirely sure about the rules in Texas, but there is a concept in the law called "champerty." Essentially, it means people aren't supposed to fund litigation for others. There are exceptions, however. In short, if you want your attorney to put their "skin in the game" on your behalf by way of likely hundreds of hours of work with a possibility of not getting paid a dime, the least you can do is pay a retainer to cover expenses. It shows your seriousness and commitment to the case.
Contact the prosecutor's office in either area immediately. Find out whether or not they have an elder abuse division to prosecute this kind of misconduct. Depending upon what type of ultimate amount you are entitled to, some attorneys might consider handling this on a contingent fee. You should discuss it with an elder law attorney in your area as soon as you can. Alternatively, there may be a volunteer legal services program in either city.
There's nothing lower than someone that rips off a rich widow.
Best wishes,
Bob Brenna Jr
Brenna Brenna &Boyce PLLC
31 E. Main St
Rochester, New York 14614
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