Attorney refuses to cooperate with my pre settlement funding request.....

[happygolucky]

I have a malpractice case against a ny state hospital that is settling this summer for around 300k, and I had a pre settlement financing done about six months ago for 10k by peachtree lending, I have asked for another from peachtree and they have agreed but want my attorney to give them an updated analysis for the case, but my lawyer has refused to cooperate as it will take up to much of his time and he will have to hire someone to help him...I told him that I would pay for the time he(or somone he hires) puts in out of the pre settlement funding. Is he allowed to refuse this request just because it is too bothersome for him? Should I pay him for filling out the required paperwork? This was supposed to be a 2 year case now in it's fifth year, and he could not get me a jury trial, is that standard in ny, just me, the lawyers and a judge? He also says that I will have to pay court costs on top of his 30 percent from the settlement, is this standard practice. I was left alone in a hospital room after having a seizure and had another one that broke my shoulder and several vertebrae in my back, no one can say that they were with me when I had my second seizure and was supposed to be monitored and secured by straps to a gurney, and all the damage was done requiring surgery and multiple pins and screws....I feel like my lawyer is not getting the best deal but am afraid to go to trial thinking that he did not prepare as well as he should have, and also the fact that there would be no jury, just a state judge making the decision, I could walk away with nothing...PLEASE, if anybody has any thoughts on this I would appreciate them greatly---happygolucky on LI

 

[Michael Wechsler]

Paying court costs is standard. After all, why should the attorney be paying the costs that the client would pay for whether or not the client had an attorney? For example, the cost to file is a cost to you, not to the attorney. Regarding the other items, sure you can pay for the time it would take for your attorney to hire someone to do something, e.g. a reaccounting, that may not be a part of what would be in your contingency agreement - which you must look at to see what it says. Regarding details, it is difficult to discuss the nature of your relationship which probably has many details over several years which we do not know. Good luck with your case and, most importantly... feel better!