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  1. #1
    Join Date
    Sep 2010

    Default Lawyers Misrepresenting Settlement in Injury Case

    My question involves legal malpractice in the state of California:
    Our daughter and her boyfriend were injured in a traffic accident in August 2012, and his family referred them to a local law firm.

    After two+ years, they have finally reached a settlement, tentatively saying they will each receive $1000-$1200 after medical expenses and legal fees.
    The lawyer (or aid) informed my daughter that her 3 sessions with the insurance company's chiropractor totaled ~$600 and 9 further sessions with our family's chiropractor totaled $2213.

    My wife mentioned to our chiro's receptionist that the issue was coming to a close, so they would finally get paid, and the receptionist said that they had heard from the lawyers, but weren't very happy with the outcome. Turns out, they offered him only $800, and when he countered, asking for $1800, was told that if he wanted more than $800 it would go back into litigation, and wouldn't settle for probably 2 more years. The first chiro was most likely similarly treated.

    Clearly, the lawyers are lying to my daughter (we trust the chiropractor, knowing them for many years), and pocketing the difference in the fees.
    I'm sure the actual fee paid to the chiros would be considered privileged information, so doubt my daughter can directly approach the law office and make any accusation, but what CAN she do?

    A complaint to the CA Bar Association would most likely be a waste of time. We will certainly request a complete accounting of all billable hours, fees paid, and legal documents filed. Would it be worthwhile including a letter stating she is not satisfied with the settlement and suspects misrepresentation and undue extension of the case in order to run up their fees? Any other suggestions?

    Thank you!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Lawyers Misrepresenting Settlement in Injury Case

    If you have decided that anything you do will be a waste of time, you are essentially writing your own epilogue -- nothing will happen unless something is done. Filing a complaint or seeking fee arbitration would be reasonable steps to take.

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