Site NavigationLawyers Can Help You, But They Will Get Their Share
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A certain 60 year old woman has been paying her attorney every month for legal fees accrued four years ago. She filed a claim with the state compensation fund office and the attorney helped her win her case to receive a $101 monthly disability payment. A disabled miner has paid his lawyer a monthly fee for the last ten years. The attorney in question helped the disabled miner receive his $134 monthly pension.
These cases, though very common, show how legal fees are hard on the poor. The lady who was mentioned has a husband who suffers from cancer, so they live on welfare. But the lower class aren't the only ones who are hit with huge legal fees. The middle class suffer from high legal services bills.
As pointed out in his book about lawyers, one particular author has stated that the middle class is the perfect target to victimize because they have money and assets but nobody to represent this class in the state legislature. The irony is that the majority of our nation's lawyers come from middle class backgrounds, so perhaps they are subconsciously targeting the middle class with these high fees.
Legal fees are usually made on a hourly basis. According to lawyers, plumbers and doctors get paid for their work, so why shouldn't they? There isn't anyone who would claim that lawyers shouldn't be paid for their hard work, but the problem lies in how much they are paid and for how long? Some middle class clients are making monthly payments for their lifetime based on large legal fees for their divorce, purchase of real estate, personal injury claim, and sometimes even to write their Will!
There have been instances of attorneys who were appointed trustees of estates or trust funds, where they have stolen the money from the very people for whom they were to keep the money safe. In some cases, the lawyers have simply charged insane fees to their clients, instead of taking the money straight up. One partnership charged legal fees over a five year period of up to approximately 60 per cent of one six figure estate. The person to whom the money belonged was unfit to run his own finances, according to the court. The lawyers were made to pay the funds back in this particular case. A different lawyer, who was regarded as a little odd, brought suit against the fraudulent lawyers. Many other lawyers refused to take the case, but he didn't.
There has been speculation of shady activity which has contributed to the legal fees problem, and it's because of the way the courts are used as a news source. Though the fees awarded guardians and lawyers are certainly newsworthy, this isn't widely reported. It is easily seen at local courts. Bar associations exert pressure, as well. Bar associations actively promote attorney-client privilege and deter interference by third parties. If anything negative is presented by the media about the legal profession, the associations quickly make a statement to the contrary.
Most of the time the lawyers will only accept the percentage arrangement, even though their fees are based on hours spend on the case. Whenever there are minimum fee agreements imposed, the bar association supports the attorney's stance on the matter. This is called a contingent fee and awards the lawyer a percentage of the winnings, if the case goes in his or her favor. Depending on the state and attorney, the percentage can be anywhere from 25 percent to 50 percent in personal injury matters.
This kind of fee is a purely American creation, just like poker. Europeans are not fans of contingency fees, and won?t allow them. The contingency fee was first used in the US around 1848. It was used to help injured workers. These workers were unable to pay the lawyers fees, so the contingent fee would assure they were paid for their services.
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