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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I am trying to find out if I am being treated in a professional

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I am trying to find out if I am being treated in a professional manner by my Lawyer?
The case is what he calls a "Trip and Fall" case where I fell backwards over some merchandise creating trauma to my head and neck,( whiplash and concussion type injury), lower back (twisted with pain) further twisting and damaging as I fell backwards. This did happened July 23, 2012. Yes ,three years ago. He has done some negotiating with them sort of on and off until about one year ago, when I believe he registered a civil case as he keeps telling me that I will not get what I have been asking for! there were lengthy periods when we have not been in contact, which has made me somewhat suspicious from his constant saying things like " because of your age and condition of your other health issues a Judge would probably find in way of the Company
and that my Drs. have not been favorable to my case. I am 78 and do have other health
issues that he says will go against me . My knee has now deteriorated to the point that
I need a replacement to hopefully regain some quality in my life as opposed to keep having to have "Vynsinc" (sp) injections to ease the pain. The knee is continuing to get
worse. The reason I have not had the operation for my knee is the fact that my Heart and Kidneys have been failing since I had to stop my then "take heart exercise program ( an exercise program designed to increase the cardio vascular and the kidney function subsequent to the "Trip and Fall" July 23/2015. My Kidney Health digressed to the point of Kidney Dialysis which I contended was from my inability to maintain the heart program at the Rec Centre, which I was on before the Trip and Fall. My Kidney Dr. did arrange for me to be seen by The Cardiac Dr. at the hospital. I was then accepted and began the weight and two arms ,one leg Take heart Program and after 24 sessions my kidney function increased. Not yet out of danger but enough that the Kidney doctor has lengthened the time between my visits to the Kidney Function Clinic and himself. Unfortunately,there was a six week period between the end of my "Take Heart Program" at the hospital under medical staff supervision and the transfer to a similar program at a local Recreation Centre which after a blood test showed a decline in my GFR , showing in my mind that the exercise program does assist in the improvement of the Kidney Function. This has increased my resolve to continue with this program and to hopefully, regain my Heart and Kidney efficiency to the point where I can either try a stem Cell procedure or knee operation to increase my quality of life if not reduce the pain level on-going pain level.
Where I feel I am not being represented properly is the fact that the Lawyer either had to or at the very least got the company in question to pay for the Drs. reports that he had asked he doctors for. I feel this just compromised the case and obligates him to them. From time to time when I would finally get his attention, I would ask him if he would give me an up-date on the proceedings and he would answer with " would you please keep me up to date with what was going on with my Drs. visits and subsequent actions. Then when we would start to discuss the case on the phone, he would start to take the Company's side., most depressing when you think you have hired somebody to represent you and you wind-up arguing with them.Very frustrating and helpless.
I might as well tell all now.
The negotiations started around $80,000 and out of pocket expenses. ( we argued about this ) They turned it down and we went back with I think $60,000 and out of pocket
expenses. They turned it down as well. I then said to the Lawyer O.K. lets ask for $65,000 which of course started another argument and he said you can't do that as you
have already asked for a lesser amount. My reply was that I am just suggesting that I am getting serious as I think I can see where this game is going! Everything to date has been hearsay, nothing to me in writing? This in fact made me suspicious even more than
before. Then I waited quite awhile for more info from him. Finally, we spoke on the phone and he said that they had offered me $39,000. After another lengthy period we spoke on the phone again and he asked me what I wanted to do and I said that I will not accept $39,000 and he said I do not remember them offering that amount. He then went on to say that must be after my expenses? This made me very suspicious and
beginning to wonder what was going on??? They then came in with an offer of $45,000
and some small portion of the legal fees plus some small portion of out of pocket expenses. Details are vague. as I have not seen anything in writing? Yes I had asked for some of this to be sent to me so I could see the detail ( unfortunately, it was verbal)
but I never did get any of this in writing. I was then invited to his office for further dis cusions. I am out of space but have more
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Is he being paid by way of a contingency fee?

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