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Silicone breast plant lawsuit

Silicone breast plant lawsuit

Mara, What ever happen to the large Class lawsuit all women were blaming their problems on from leaking silicone?..This was what 7-8 years ago. Women were flying to New York to sign up. Had a friend who tried to blame her excessive drinking, drug use..mental problems on her breast implants...Haven't talked to her since we moved to Mountains 6 years ago. Just curious. Bonnie
 
Lisa-
Fees can be a tricky thing. All lawyers want to know up front how you are going to pay for their services. At a big firm a partner who takes your case charges, say $250 an hour, under him/her there is at least one associate doing most of the work on your case. The partner bills you for that associate's time, plus the time of a paralegal, plus coping, faxing, telephone calls, support staff etc. I think you should ask directly what the charges are for all of those things. Ask if you get billed for calling the lawyer to ask questions, how much, how long. Be straight forward about it and be sure to get info on all the "incidentals" that will get billed to you. Most firms send clients monthly bills that are itemized. You will proably be asked to pay a retainer. That money will get used to file your case and do preliminary work, once the case starts rolling the costs add up.

Phone calls is one area where I would say you should tell the lawyer you do not expect to get a bill for calling him to ask about your case or for him or his staff to call you.

Ask how the attorney bills, is it in 15 minute incriments or 30 minute incriments or something else. Attorneys, especially associates, work based on billable hours. So, I am the associate on your case and I write a letter to the doctor and it takes me 10 minutes that counts as 1/4 of an hour and I have to bill 1900 hours for the year.....see that's like 36 hours a week that I have to bill over the year so I am looking for ways to make my hours and a lot of times anything goes, especially phone calls. I think phone calls should be free. I have no problem that the client gets billed for long distance charges but if the client calls me or I call her then that should be a freebie. IT's not always so.

I am not sure the nature of your case but if depositions need taken then there is the court reporter's fee and additional things most of which are flat fees and not negotiable. Filing fees and court fees are not negotiable and can be about $200 to $500.

Just be aware that there are lots of incidentals that sneak in. Sometimes in cases a firm might have a flat fee for a certain type of case and then there are adds. For example, a divorce might be $5000, then add ons for kids, business considerations, property settlement issues that would not apply to a couple with no kids, no property and nothing else.

You might not have much luck negotiating down a fee on some things. If your going on a contigency fee, be aware that your lawyer takes his share first. Then you get what's left over.
Those t.v. lawyers that say "Before you call the insurance company call us." are that way. An insurance company is not going to raise it's settlement offer just becasue you have a lawyer. Lawyers know this, so they want to make it seem as if they got you a great deal and then they take their 33% out of your award. If you are part of a class action case you have almost no ability to negotiate fees but my guess is that they would be reasonable because built into the award is the attorneys' fees.

If you want more specific info e-mail me and I'll try to help you, just don't let my brother and sister lawyers know I'm not billing you :)


Bonny, I don't know about the breast implants thing. I'll check around and see what I can find. That might have been one that got settled pretty quickly because there were some celebrities involved, Jenny Jones that talk show host was in on one of them I think. The big cases to watch now are the Phen-fen, the Firestone tires thing, and the Wal-mart employees suit should be good too.

-Mara
 
Lisa,
There is certainly another alternative, and that is finding an attorney to take your case on a contingency basis. That means you pay nothing unless the case is settled, and then the firm takes an agreed upon percentage of the proceeds. This percentage is determined with you at the beginning of the case, with a wide range. I should mention a number of law firms are my clients, and I'd judge around 33 percent to be an average, but often, with a good strong case, this can be negotiated down to around 25 percent or so. In a contingency case, you aren't billed for anything like copying, research, phone calls etc.

Which way you go depends on how much you want to invest of your own funds for something that may never have a significant settlement. Also, if an attorney is unwilling to take your case on a contingency basis, you need to re-evaluate how likely it is that you will prevail.

Good luck to you,
John
 
Nothing is cut and dried with attorneys. Everything is a negotiation or can be.

Even in the contingent fee situation you CAN and may be billed for certain "out of pocket" expenses regardless of the outcome. Just make sure they make it clear how, when, where and what you will be expected to pay. Do not be shy or afraid of "offending" them. They, of all people, understand that getting the cards on the table avoids problems down the line.
 
Hi John and Bill

here is the lawyer-ism in what you say, there is a difference between a "Fee" and "costs" or "charges." Sometimes if a case is on contingency the client does pay nothing. However, a fee usually refers to what the lawyer gets paid for his/her knowledge and expertise, not the costs of trying the case. Those costs get billed right to the client--faxing, copying, support staff, phone calls, depositions, exhibits, expert witnesses.

So beware of the difference between "you don't pay a fee unless you recover" and "no costs to you unless you recover."

33% is the usual contigency fee amount.

In a medical malpractice case contigency fees are usually not the way to go. There are so many out-of-pocket expenses. Expert witnesses is the big one that comes to mind. Most experts in medical malpractice charge huge amounts for deposition time and trial testimony. The Client is expected to pay that charge. If you lost the case, coz you never know what a jury will do, then the lawyer would be stuck paying thousands in expert witness fees, and that is not going to happen.

It is possible to negotiate some costs and fees but not all.

Bill's got it right- ask up front about all the charges you, as client, will have to pay. Lawyers are not easily offended, if they are they're in the wrong business. Plus, any lawyer that hides fees and charges from you ain't that great a lawyer.

"A good lawyer knows the law. A great lawyer knows the judge."
 
If you've taken fen-phen and are planning on adding your name to the civil suit of American Home Products, then the money is already settled. There is a matrix showing five levels of settlement - depending on how long you took the drugs and what your "ailments" are (no symptoms, mitral valve problems, aortic valve problems, surgery, death). So, a lawyer should be able to decide where in the matrix you will qualify and the money is predetermined. Also, your lawyer "fees" come out of an account from American Home Products - not your settlement. Their fee paid is typically 40% of what you get, but remember, it's not from your money. AND, the 40% is an astronomical amount considering that so little is actually done by the lawyer. What a shame.....that money should be used differently......also, there's money to be had by your "significant" others - spouse/children.
Look into the website for American Home Products and the lawsuit. Actually, it's fairly cut and dry.....also, the money you receive in settlement is tax-free. Also, there's compensation if you develop symptoms in the future. You lose that if you go out on your own and hire your own lawyer and go to court - whatever money you receive will be IT. And, you will pay your lawyer out of the money you receive. So, if you go out on your own, make sure you have a good case. Remember, a lawyer typically will tell you that you have a very good case regardless of whether you do or not - it's their nature!!!!! Going through the class action settlement is not a bad way to go. This is information I learned through AHP website and literature. See for yourself...........(didn't proof so excuse any typos; I'm in a hurry)
 
On balance, I would agree with Vicki448. With one BIG exception!

In my experiece, most lawyers take a "devil's advocate" position and make you feel you have no case or a weak case as they begin to question the facts of an event. They try to remove the emotional aspects and get to the factual heart of a potential case. In most cases a first visit is free of charge and they will only proceed if you understand the risks and likelyhood of a successful outcome.

They don't like to waste their time or reputation on cases that have no or little merit. I am not saying that there are none out there that would mislead someone with deep pockets about the promise of a case, but most are not going to get involved in something which of little or no merit, especially if there is a contingent fee involved.

Most lawsuits or settlements are "business decisions" people and companies look at the facts, the cost of litigation and the possible outcomes, then make a decision about the potential profit or loss from going forward with the action. Most lawyers and judges prefer to see things settled out of court and fairly rather than wasting time, energy and money (which can really be BIG TIME) on all of the depositions, fact finding, research and legwork going forward with a court case.

I believe that MOST lawyers will NOT tell you that you have a good case unless they believe it on the face of the facts which they see.

Sorry for the soap box, but I have been on both sides of a number of cases and dealt with many attorneys over the years.
Movies and TV give the general public an unclear view of how the legal system and attorneys really work. For example how much it really costs just to take a deposition for a single witness.

Bill
 
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I think most defense counsel would like to settle things out of court. In a case like Lisa's, she wants to get her info in front of a jury so she can get as much sympathy as possible.

The matrix in the Fen phen case only applies if you decided to take the class action as your resolution. You can always opt out of the class action suit. In that case, you are on your own as far as damage awards, etc. Opting out of the class action does not limit the amount of money you can get from the makers of Fen-phen. Anyone who sues them individually can get damages based on problems she has now and might have in the future. Class actions are beneficial, but not always the best way for every plaintiff. Each person has to decide on his/her own what to do. It's just like valve replacement surgery, some people got the mechanical, some people got the tissue. One size does not fit all.

Trying a case is very expensive and often times cases don't settle until you are ready for trial, so you have spent the money anyway. No one said it was supposed to be cheap or easy.

The 40% contingency fee does come out of the client's money. Where else would it come from? The court can order that defendant pay plaintiff's attorney fees, but that does not cover everything involved in the case. There are other costs associated with trying the case and/or preparing the case that come right out of the pot of money awarded to the plaintiff. So, it does come out of your money. I know it is a picky point but there is a crucial difference between "fees" and "costs" and "court costs." Only a lawyer makes that distinction, but it's an important one.

Any reputable attorney will tell you the truth about your case, one who tells you you have a good case when you don't is a money-grubber. Vicki, I think you have been watching too much t.v. On the Practice they take any case because it's t.v. The only lawyers I know who say any case is a good case are the t.v. commercial lawyers and they are the losers of the lawyer world. An attorney at a reputable law firm cannot afford to take bad cases that will cost him and his firm time and money. Sometimes the client is the one who pressures the attorney into going forward, too. There are a lot of people out there who just want to sue and don't care what they are told. The guy who is suing Burger King and McDonald's for his obesity is a good example. People feel wronged and get mad when there is no recourse in the law and they push things. It's not the lawyer.
We just try to do what the client tells us. I have made people angry telling them they have no case, then they call the t.v. lawyer and pay a bunch of money and get burned, thus perpetuating the stereotype that lawyers are jerks and money-grubbers. 98% of attorneys are honest and hard working and make less than $60,000 a year.
-Mara
 
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Mara and all,
Well, I'll have to watch my P's and Q's here because people will nitpick things...I apologize for saying that "most lawyers will tell you that you have a good case" when perhaps you don't...I meant it on a light-side...certainly not that every lawyer will tell you that....and no, I seldom watch television - give me a good book instead, although I have enjoyed watching Everwood, but the main character is a doctor and not a lawyer....
I obviously stepped on some toes and that was not my intent. I suppose if someone posted a message bashing teachers and making an inaccurate comment about the teaching profession, then I would respond. So, I do apologize and will think twice before I write.

~Vicki
 
98% of attorneys are honest and hard working

Mara might even be underestimating a little bit. For all the lawyer jokes, and for all the bad-mouthing, there are some extra-ordinary people in this profession.

When my mother was killed at a cross-walk by an 80-year-old man driving with cataracts, the attorneys who handled her estate and all the insurance issues took a significantly reduced fee. During the process, which took about a year, they learned what a remarkable woman she had been, and what a corner-stone she had been for our family. What they did with the fee they had earned was to establish a permanent scholarship in her name at her alma mater. This was completely unsolicited, and it remains as an on-going tribute to her life.

My own experiences with attorneys as my clients (public relations and communications) has revealed a lot of pro bono work, community service and volunteerism in this profession. Unfortunately, as in all professions, there is a handful of disreputable bottom-feeders that gets a lot of press. Thankfully, the overwhelming majority are ethical and concerned about their clients' best interests.

--John
 
Hi John-

It's good to hear nice things about lawyers.

My dad, my uncle, my cousin were all attorneys. My daughter is a paralegal (raising her kids right now). All fine people who did many, many good things for many, many people.

All of the lawyer jokes originated from the opposite side of the table, I'm sure.

There usually is a winner and a loser in most cases. The losers don't like it very much.

But if you have ever needed an attorney, you will appreciate them more than you could ever guess.
 
Vicki
You didn't hurt my feelings. We lawyers are a think-skinned group, or as some say, "unfeeling jerks."
I just like to set the record straight on the truth about lawyers. I get sick of all the remarks about what a gruesome bunch we are, and it all stems from a few no-goods. When I was a prosecutor I worked with my share of mean lawyers, the ones that make good lawyers look bad. And the bad ones always get all the publicity, the good ones just go on in silence. Somehow, I think it should be the other way around. But, then you probably get the same with teachers. The bad ones get all the publicity and the good ones never get anything, right? People rank on teachers as lazy, but all the teachers I have ever known work very hard and really care about their students. It's the few who stereotype the many.
So, you don't have to worry about stepping on any toes. I can take it!


I am glad you don't watch too much t.v. Watch out for those John Grisham novels, though.... My mom, a nurse, loves the lawyer t.v. shows and I always have to tell her how unrealistic they are. She says the same thing about all the doctor shows.
Both make for good t.v. The one sort of realistic lawyer show was "Philly" but it got cancelled. Too bad.
-Mara
 
Mara,
Thanks for letting me know that I didn't step on your toes. I'm basically mild and meek - but I can have a mean streak. And, at times, I type before I think.....
You made some great points - bad teachers get most of the publicity and affect the rest of us, just as some bad lawyers can be rotten apples. That's why I'm a believer in the glass being half-full. That philosophy has gotten me through some tough times, that's for sure.
So, keep on keepin' on...and so will I. I always said that I went into the teaching profession to make a difference where others didn't and I'm sure you feel the same way about the law profession.
I must admit that my favorite books are those centered in the courtroom, but I gave up on Grisham a long time ago. He started writing just to make money (my opinion) and not necessarily to tell a good story. Mostly I choose books with private investigators as the central character(s). If your mom ever needs a few good recommendations, I'll be glad to mention some titles.
Take care and I'm wishing you good days ahead.
 
That's why I'm a believer in the glass being half-full. That philosophy has gotten me through some tough times, that's for sure.

Vicki,
I sure agree with that statement! I've always believed that optimism is not just a state of mind, but a way of life. I thought you'd get a kick out of something I stumbled across a while ago:

An optimist says, "The glass is half full."
The pessimist says, "The glass is half empty."
But the realist says, "You know, someone is going to have to wash that glass."

I thought I'd mention an interesting comment John Grisham made a while ago. There was a writers conference at which both John Grisham and Stephen King were speakers. At one point, someone asked John Grisham what was the secret behind his success. He answered, "I believe the most successful writers write about what they know. For me, that is lawyers. But it does make you wonder about Stephen King...."

Stephen King responded immediately, "Hey! What do you mean? I have the heart of a 13-year-old boy (whispered) which I keep in a jar in my bookcase." The audience almost fell on the floor laughing.

:D
John
 
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John,
You cracked me up! I love a person who can supply just the right retort at just the right time for just the right thing. You made my day....
 
Vicki-
My mom loves those novels with the character Kay Scarpetta, she's a pathologist. and all the Sue Grafton one, too. Tony Hillerman, Mary Higgins Clark, etc. She loves a good suspense/mystery.
I read The Firm and that was it for Grisham. If you want a good lawyer novel read the Perry Mason ones, they rock and are about a million times better than the t.v. show (which I love). I wrote a thesis in law school about how if Perry Mason was a real lawyer he'd probably have been disbarred for all the underhanded stuff he does in the books. They are very pulp fiction-ish because that was what they originally were, serials for the pulp magazines. Too cool.

I like "The Cat Who..." series. The are fun and take no concentration. I read boring stuff all day the last thing I want is to read about lawyers for fun!
And I just finish McCullogh's book on John Adams which was excellent, I highly recommend it. And the 4th Harry Potter book. I have a nephew who is Harry Potter crazy, so I have to keep up. I really thought the HP books were clever and very captivating.
-Mara
 
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