Selling this idea to PI lawyers should be easy. They know in advance that
there is a commitment by the defense to settle the case; that discovery will be
voluntary; that they don't have to engage experts for trial; that they don't
have to take depositions; and that their case most likely will settle. I think
it's a beautiful idea and a perfect win-win for both clients and both attorneys.
As far as fee division if the collaboration fails, the fact that the "work
product" is inadmissible in the PI case doesn't mean that proof of the work
being done is inadmissible in litigation to resolve the fee dispute. The
lawyer merely has to document the time he spends in the collaborative process,
which he should be doing anyway. The fee would be shared according to the
Rules of Professional Conduct in effect in each state.
Good luck!
Lindsey Ladouceur
----- Original Message -----
From: staceylangenbahn
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Wednesday, August 25, 2004 10:03 AM
Subject: [CollabLaw] Contingency Fee Cases
I am a personal injury defense lawyer. I believe CL could be used to
resolve many types of injury cases. The insurance company people I
have talked to are very interested in CL as a way to save costs. How
do I sell the idea to the Plaintiff's bar? These cases usually are
taken by a Plaintiff's lawyer on contingency. My understanding is
that the Plaintiff's bar in Texas objected in the past to Cl's
application to contingency cases. If a collaborative lawyer takes a
Plaintiff's case on contingency, and then it does not settle and the
Plaintiff gets a litigation lawyer, how does the Plaintiff's CL
lawyer get paid? The options as I see them are for the CL lawyer to
agree with the Plaintiff and the litigation lawyer that the CL lawyer
would receive quantum meruit for the work the CL lawyer has done (but
if all that work is considered confidential and inadmissible, how
does the CL lawyer show what work s/he has done and how the CL lawyer
contributed?) The CL lawyer could take a referral fee. I was
initially concerned that a CL lawyer's taking a referral fee would
give the appearance that the CL lawyer maintains an interest in the
litigation and that the CL lawyer may have incentive not to give full
effort to settlement in the CL process. However, upon second
thought, I realized this would rarely be the case. The CL lawyer has
greater incentive to settle, because then the CL lawyer would take
the entire contingency fee, rather than an uncertain referral fee
which amount depends on what the litigation lawyer settles for a jury
awards. What are your thoughts?
Regards,
Stacey H. Langenbahn
Attorney and Mediator
Locker & Lee, P.C.
6600 E. Campus Circle Dr., Suite 310
Irving, TX 75063
(214) 698-3003
(972) 465-7997 fax
stacey.langenbahn@xxxxxxxxxxxxx
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