Legal Advice (again)

[sutekj]

I am pretty sure that the one Lawyer did not speak to the other lawyer regarding a settlement offer.
It does sound like the defending mom made a plea to somebody, but not through the proper channels, and was probably advised to go through the proper channels.

Yes, that's also very possible.

 

[sutekj]

Are you saying that the lawyer is going to want me to pay him? I don't think that is how it works, and frankly, I think breaking his jaw in retaliation is horrible advice.

Correct, there is no such thing as a free lunch.

For every email, sms, call, fax you pay and pay big. I think I was billed R75-00 per fax the last time round and there was a lot of contracts being faxed around instead of using simple old email.

No wonder we call them bottom feeders!!

This actually scares the **** out of me...

Really.

Actually, I think you don't know what you're talking about. In my opinion it is worth it for the lawyer to take the risk here, because it is really easy money for him. I can't imagine that I'd have to pay. They emphasized that it was work on a contingency basis.

 

[saixbot]

@sutekj
I also think you may have misunderstood the attorney.

He may bill you post any trial, for the trial as such, but you will still be liable for all sundry expenses incurred by the attorney putting your "case" together. One way or another you in his pocket.

 

[Pitbull]

This actually scares the **** out of me...

Really.

There is a reason why SA people don't sue for every little thing like in the USA You have to see this through now and hope you win. Even if you do win and he can't pay you are in deep shyt.

Civil suits in SA is only done against companies purely for this reason. Well that is my take on it anyway.

 

[saixbot]

@genetic: unless he stipulated he'd do this on a 'no win, no charge' basis.

You are still liable for any expenses incurred before your case even goes to trial. If the attorney stipulates he will perform the task gratis it is then considered pro bono and no costs are incurred by the plaintiff.

 

[Ancalagon]

How much did your medical costs actually come to?

Also, why dont you have a frank discussion with your lawyer about it? You know you owe him some money, you just dont know exactly how much. Best to find out now than to settle for R10 000 and find you owe the lawyer R100 000!

 

[FlatspinZA]

If he arranged an advocate to take on the case he has a better than average expectation of success. You need to address these things with the advocate, explain your situation, and ask his advice. The advocate will, however, expect compensation and I think that will eat a nice hole in your out-of-court settlement. What can you do with R20k these days? Maybe get your advocate to get them to put down their initial offering for the out-of-court settlement and arrange payments for a reduced amount on the original figure - say R50K instead of R70K? Your advocate will stress that he'll nail them for the full amount should they fail to accept and it will cost them way more than R70k ultimately.

 

[saixbot]

@FlatspinZA
Well said!

 

[sutekj]

Thanks, Flatspin.