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If a client and PI attorney have a vastly different idea of

 
LegalPro54's Avatar
  • Answered by:LegalPro54
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If a client and PI attorney have a vastly different idea of what constitutes a reasonable settlement (and the client's position is well supported by verdicts/settlements of cases involving similar injury(s), and defendant is 100% liable), to what extent does this affect the level of performance the client can expect from the attorney going forward? I know it shouldn't be an issue, but I suspect it can be.

I understand that the client has the ultimate so say in terms of accepting/rejecting any settlement offer, and I also understand that the attorney's ultimate goal is to get as much money as possible for the client (and therefore, himself). However, if the parties aren't on the same page, realistically - doesn't this impact the case? Should the client start shopping around for another attorney whose valuation is more in line with theirs? Again, client's demand is based on extensive research. In addition to the injuries sustained, all other factors that affect the value of the case are highly supportive of client's position.

Submitted: 306 days and 2 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED

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Expert:  LegalPro54 replied 306 days and 2 hours ago.

Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

Of course, each situation is different and so I can only comment generally in regard to your question, but if a client and attorney have vastly different ideas about what the case is worth, that may conceivably cause some friction within the working relationship. However, I would think it is very doubtful that such friction would cause the attorney working on the case to put forth any less of an effort toward it.

As you noted, in contingency fee cases, the interests of the attorney and client are in line, so the attorney is going to push as hard to get as much money as possible.

I do not doubt that you have conducted substantial research on the value of your case, and I do not mean to call into question your conclusions which I am sure are very well founded, but you should give your attorney's opinion with regard to the value of your case some substantial weight and consideration. This is what your attorney does for a living and it is in their interest to maximize what you get.

It may be that the reason for the difference in opinion regarding your case's value is due to things that are not readily perceivable to someone who does not handle these cases for a living. Judging the value of a case is an art much more than a science, and each case and circumstance is different. Each court and judge is different, and so is each defendant's counsel. These things all come into play when deciding how to settle a case and an attorney is typically in a much better position to take all of these nuances into account.

You of course are free to find another another at any time, but you will owe your present attorney the value of the legal services that he has provided you to date even if you do switch. So, for example, if your current attorney has invested 60 hours of time on your case, he would be entitled to a reasonable hourly rate multiplied by the number of hours and will demand payment in that amount once your case settles. This can create a headache that is often not worth going through simply because of some friction.

So, to answer your question again directly, while such differing assessments of the value of a case might cause some friction, it is unlikely to affect the attorney's performance on the case. You should give substantial weight to the attorney's assessment of value even though you have conducted research because attorneys are better equipped to assess all of the nuances that go into valuing a case. If you want to switch attorneys, you can do so, but you will need to pay your attorney for the value of his services provided, which is often not worth the hassle of dealing with.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 97.2 %
Accepts: 272
Answered: 7/5/2012

Experience: Attorney with significant personal injury experience

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