fine print? schmine print!
Yesterday’s discussion of Missouri’s new lawyer advertising rules
raised the issue of how consumers choose lawyers. Today, I want
to tell you about a wise consumer who knew which lawyers not to pick.
A reader who found this weblog when Googling about contingency fees,
wrote to tell me about a firm with whom she was discussing a case
potentially worths millions of dollars. Here are her own words
(emphases added by me):
I had met with these attorneys a month ago about my case.
They were with me for five hours learning the details and asking
lots of questions. Upon my leaving, they presented me with a
contract to review and sign.
One of the attorneys was putting lots of pressure on me to hurry
and sign, and at that point, I just needed some time to really think
about my decision and my motivations.
I finally decided I was ready to proceed forward, and called them last
week. We sent up a meeting for this past Monday. I had brought with
me a copy of the first contract they had given me to make sure things
were the same.
Once I was there, they presented me with the contract and things had
been changed. Big things…like the percentages and also their attorneys
fees had gone up. I immediately questioned the percentages, and he
said that it was a mistake and was quick to correct those. As far as the
higher attorney’s fees, he said it was to my benefit, since it applied to
the other side having to pay. Needless to say, I was taken aback.
One of the attorney’s said to me this morning, “It’s like you are
purchasing an airline ticket. You don’t ask all these questions about the
fine print on the back of the ticket…you just buy it!” I said to him, “If that
ticket was going to cost me $5 million dollars I most certainly would ask
a lot of questions!”
Anyway, I went and picked up my materials today. He had told me if I didn’t
have something ready to sign by tommorow at 5:01 I could come pick my
things up.
I’m glad she walked out. Personally, I’d love to file a grievance against these
lawyers — or give them a little infam-e. Am I being too critical, impractical,
or naive?
“Fiduciary/Schmiduciary” is not an acceptable attitude for a law firm.
afterthought (Sept. 28, 2005): A consumer who’s willing to invest some
time in finding a lawyer, should consider reading Jay G. Foonberg’s
Finding the Right Lawyer. (even its table of contents is helpful) The
author sells it for $19.95, but the Amazon.com Marketplace has
copies for as little as $1.14 today. Also, legal reform group HALT
has an online brochure, “Before Your Hire a Lawyer,” that lists your
rights as a consumer of legal services and the kinds of information
and treatment you should expect from a lawyer.
first snow falling
I trust in his hand…
bridge by the gate
entrusting it to young folk
I sleep…
cozy wood fire
trusting its fate
to the autumn wind…
duckweed
translated by David G. Lanoue
“EyeChartN”
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