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Before You Know It, You Can Be Buried Under Lawyers' Fees

One woman in her 60s has been paying her attorney a set amount every month for the past four years

. Her attorneys fees added up quickly when she was fighting with the state compensation fund office to receive her $101 monthly disability payment. In the same state, a local newspaper reports that a disabled miner is still paying his lawyer for a similar action that happened 10 years ago! The attorney represented the miner in a case that awarded the miner $134 a month pension payment.

These are people who needed representation but could not afford exorbitant legal fees. In one case, a woman and her husband were receiving welfare. He was bedridden because of his cancer. The real problem of legal fees isn't only one that applies to the poor. Middle class bank accounts are robbed, too.

Though they do have some money and property, the middle class is not well represented in the government. This makes them the target of lawyers, according to one lawyer. Interestingly enough, the middle class also gives us most of our new lawyers. The author wonders what this means psychologically.

Lawyer's fees are determined by an hourly rate. According to lawyers, plumbers and doctors get paid for their work, so why shouldn't they? No one would argue that lawyers work for free. But, how long is it ethical to charge a percentage of an award? Sometimes the fees that lawyers charge are for a lifetime, even if they've only provided services for a divorce, a probate will, or a personal injury case.

There have been cases of lawyers who steal from their victims, like orphans and widows who have money that is trusted to the lawyer. In some cases, the lawyers have simply charged insane fees to their clients, instead of taking the money straight up. The legal fees for one lawyer and his partner added up to almost 60 percent of a six figure estate in a period of five years. The man who owned the estate had been ruled incapable of managing his money by the court. This particular case has a good ending; the lawyers had to pay the funds back. The claim was filed by one of the more eccentric attorneys in the region. Other lawyers would have nothing to do with it.

The media in general do not have a healthy respect for how much of a news source the court system can be for them, and this has contributed to these types of shady dealings. Though the information is on file at the courts and readily available to the public, the media pay no attention to the newsworthiness of attorney and guardian fees. The local bar associations do their best to maintain an image, as well. They have the reputation of keeping out of the lawyer and the client's relationship. They do not hesitate to slap down any negative attitude toward the legal profession, should it be called out in the media.

Even though the lawyer fees are based upon the time the lawyer works the case, the percentage of compensation is usually what the lawyer wants. One lawyer is an ardent proponent of set minimum fee agreements. Another term for the percentage agreement is contingent fee, and the lawyer will gain a certain percent of the total compensation if the case is won. Most personal injury suits give the lawyer twenty-five to fifty percent of the winnings.

This fee is purely an American invention, very much like poker. In most of Europe, including England, contingency fees are not allowed. Contingency fees first were used to help injured workers in the 1840's. These workers had no money to hire legal counsel, so the contingency fee arrangement was created so the workers could begin a civil lawsuit.

by: Laura Chamorro
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Before You Know It, You Can Be Buried Under Lawyers' Fees Casper