Tag Archives: adhesion contracts

Strange Bedfellows: Companies complain about relationships between attorneys general and plaintiff law firms

Some states, often through their attorneys general, are entering into lucrative contingent fee contracts with plaintiff law firms who make millions of dollars by representing the rights of the state (and taxpayers), at the expense of alleged wrongdoers, but also … Continue reading

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Flat World: Flat fees aren’t a legal billing panacea

The legal industry press is forever proclaiming the demise of hourly billing in favor of flat fees.  Despite all the hype, nothing has really changed:  In the part of the legal and business press catering to “biglaw,” hourly fees are … Continue reading

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In The Beginning: Hourly fees are relatively new for lawyers

Hourly billing for legal or any services raises all sorts of potential issues, not only with quantity, but also quality of work, staffing, and distorted incentives for the lawyer and impact on the legal system and clients.  Hourly billing is … Continue reading

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New Jersey Casino: Contingent fees are not for everyone

New Jersey sued Exxon Mobil for billions in environmental damages, using a private law firm, which gets a big piece of the taxpayers’ pie, even though the state has plenty of lawyers of its own who are paid much less.  … Continue reading

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The Retention Dance: Law firm claims duty to forward potential client’s inquiry to his employer

Nearly all law firms now have websites, which are primarily marketing tools to impress potential clients.  I suppose some firms would say their websites are not looking for business, they are just “informational,” whatever that means, but that’s certainly how … Continue reading

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Talking to Yourself: Lawyer discourages overcommunication with needy clients

Legal problems make many clients nervous — even if it’s something minor than can easily afford.  The whole legal process, including lawyers and courts and so on, just makes you worry. And the superior, condescending attitude of many lawyers, even … Continue reading

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Bailing Out: Malpractice defense lawyers recommend bailing on difficult clients

Many legal malpractice cases are based on snap judgments gone wrong, perhaps during a trial or other court appearance.  A failure to object at a key time or making a mistake in an argument might qualify for this.  Others have … Continue reading

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Flattening Justice: State commission set to level civil justice system

Local, state, and federal courts are supported by taxpayers and, in some part, by various charges made by the court to file lawsuits, for example.  In return, the courts are supposed to provide a civilized way to resolve disputes between … Continue reading

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Ceiling, No Floor: Lawyer agreement sets cap, but not floor, on reasonable fee

Even though lawyers are supposed to know how to write a reasonable contract, it’s surprising how many lawyers and law firms don’t have a reasonable contract with their own clients.  I’ve always thought it was a bad sign that the … Continue reading

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Transactional Immunity: Maryland immunizes lawyers designating themselves as estate reps

Lawyers can make really, really bad personal representatives, executors, or trustees to babysit and distribute your money and stuff once you’re gone.  You might think that someone with a law license would be a logical choice to protect your interests … Continue reading

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