We (my spouse & I) are involved in an active "medical malpractice"case. This case is scheduled to go to court October 9, 2017. The agency representing us told us when we first entered into it that we had a very strong case! They told us they would be happy to represent us on the "contingency" that if they won the case they would receive between 33 40% of the award. Now as our court date rapidly approaches we are being told that if we lose we would be personally responsible for paying somewhere between $10,000 to $20,000 dollars. Doesn't this constitute misrepresentation? It seems to me, they shouldn't have taken our case to begin with if they were uncertain regarding the outcome! Or, at the least told us (up front) what our financial accountability was.
The contingency fee agreement that you signed at the outset of your engagement with this attorney likely detailed this potential possibility. It is highly unlikely but it is possible even under a contingency fee agreement for a plaintiff to be responsible for some financial costs either incurred in the prosecution of the claim or in some instances, even in defending the claim. Consult your attorney for further clarity.
Dr. Zaheer A. Shah, MD, JD (Attorney and Physician): The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona and he is a board certified, Ivy League trained, practicing physician. Nothing posted on this forum by the author constitutes legal advice. Additionally, any medical opinions rendered on this forum in response to a particular question do not constitute medical advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential. While an effort is made to offer accurate information, there is no guarantee as to accuracy.
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