appeal against summary judgment dismissal

[dave_priston]

>>>A case against an employer for disability discrimination/retribution has been dismissed by the judge on summary judgment motion in favor of employer. My attorney & I feel judge is wrong in his interpretation of NY State Law and thinking of appeal. The case was taken on contingency basis and now my attorney is demanding more money for this appeal and to enter into another contract. I greatly appreciate your help in regard to my option whether to have the same attorney or find another attorney and what are the various ways that I can minimize any expenses and negotiate a fair contract with this or another attorney

 

[NYClex]

let's say it this way: if you leave this guy and find another attorney, you will have to negotiate fees and retainer with this guy anyway. And some attorneys might be reluctant to take a case someone else has already started and lost.
So may be you get a better deal sticking with the old one.

On the other hand, if you feel that your attorney wasn't handling the case well, then you should switch.

 

[dave_priston]

Thanks for the reply. I have another dilemma and greatly appreciate some feedback.

"My attorney's contingency fee on this case is 25% pre-trial settlement
and 1/3 (33 and 1/3 in %) if this goes to trial."

Could someone enlighten with their knowledge as to how the standard appeal contract in pre-trial summary judgment dismissal ( NOT POST-TRIAL APPEAL) is worded as regard to attorney's fees. i.e. is it a lump sum or a percentage of recovery when the case is won ? Also, how to assess if the attorney,s charge is reasonable for the amount of work or be able to negotiate a reasonable hourly fee (His normal fee is $250-$300. Thanks for any feedback and help.

 

[freebird]

The points NYClex makes are valid and good about renegotiating. At times there will be judges who completely miss the point and it is no fault of the attorney. Appeals are not usually free and see what you can work out with the attorney. Remember that he did do a great deal of the leg work for the case and the attorney will not likely be happy just receiving work done for the appeal -- he/she is adequately incentivized to want to recover the entire investment in the original case in the lower court.

Originally posted by dave priston
>>>A case against an employer for disability discrimination/retribution has been dismissed by the judge on summary judgment motion in favor of employer. My attorney & I feel judge is wrong in his interpretation of NY State Law and thinking of appeal. The case was taken on contingency basis and now my attorney is demanding more money for this appeal and to enter into another contract. I greatly appreciate your help in regard to my option whether to have the same attorney or find another attorney and what are the various ways that I can minimize any expenses and negotiate a fair contract with this or another attorney

 

[Glennbeauboy]

i hear you

I am in the same situation here in California. Mine was a Labor appeal. We presented overwhelming evidance. my employer even purged herself on the stand, admitted to filing a false police report against me. Admitted to having documents forged with my name....the whole bit. And for some reason...the Judge denied my claim. I know you can file a complaint with the Judicial Practices Commission and get your complaint out there and heard, maybe even have disapline action taken against the judge. I've even heard of a judge here in my county being forced into an early retirement and having to take a decreased benefits package for his wrong doing. Check it out. it wont cost you anymore then you already owe your attorney. I'm in the hole $10,000.00 So I feel ya! Good luck my friend!