To the guest who replied to Krista -
Thank you for providing the sliding scale information. It is very helpful. I would like to know the source of the information if you don't mind sharing that please. You may e-mail me if you prefer. Thank you.
~Tina, bpmom@comcast.net
Legal Questions
Re: Legal Questions - Sliding Scale
Hi, Krista!
Trying to get back into the swing of the BPI part of my life after our 2-week vacation. I was glad to know that we had a sliding scale. I had first heard about such a thing from a client of Ken Levine's. It made sense to me that such a thing would be in place and it was nice to know that it would allow for somewhat of a limit on how much attorneys could make off the process. I realize that the cases that win or settle help to fund the ones that lose since most attnys take these cases on a contingency basis, but I still feel there s/b a limit to how much they could make off a case. Anyway, I wanted to tell you that when we signed with our attny, one of the papers for us to sign was a waiver to the sliding scale. If we wanted to retain their services, we had to sign the paper. So, I felt somewhat trapped being that we'd already been turned down by a few attorneys and it was a month after Nicole's 2 yr. b-day (our state deadline for the statute of limitations). By that point, they'd already filed the complaint (or at least an extension in order to file the complaint) and had already obtained an expert opinion. So, what choice did we have but to sign anyway?
When I went to a state meeting regarding the proposed cap on med malpractice cases, the sliding scale issue was addressed and it didn't go over well that some attnys make clients sign waivers to the sliding scale. I believe that keeping the sliding scale would help a little toward whole the problem. I don't think attorneys s/b allowed to make clients waive a protection that was put into place by the state legal system.
I'm sure if you check, you'll find that you signed a waiver to the sliding scale as well. This subject really irritates me. Can you tell??
~Tina :O)
Trying to get back into the swing of the BPI part of my life after our 2-week vacation. I was glad to know that we had a sliding scale. I had first heard about such a thing from a client of Ken Levine's. It made sense to me that such a thing would be in place and it was nice to know that it would allow for somewhat of a limit on how much attorneys could make off the process. I realize that the cases that win or settle help to fund the ones that lose since most attnys take these cases on a contingency basis, but I still feel there s/b a limit to how much they could make off a case. Anyway, I wanted to tell you that when we signed with our attny, one of the papers for us to sign was a waiver to the sliding scale. If we wanted to retain their services, we had to sign the paper. So, I felt somewhat trapped being that we'd already been turned down by a few attorneys and it was a month after Nicole's 2 yr. b-day (our state deadline for the statute of limitations). By that point, they'd already filed the complaint (or at least an extension in order to file the complaint) and had already obtained an expert opinion. So, what choice did we have but to sign anyway?
When I went to a state meeting regarding the proposed cap on med malpractice cases, the sliding scale issue was addressed and it didn't go over well that some attnys make clients sign waivers to the sliding scale. I believe that keeping the sliding scale would help a little toward whole the problem. I don't think attorneys s/b allowed to make clients waive a protection that was put into place by the state legal system.
I'm sure if you check, you'll find that you signed a waiver to the sliding scale as well. This subject really irritates me. Can you tell??
~Tina :O)
Re: Legal Questions
Tina:
New York has a sliding scale too. My lawyer did not ask me, nor did he present to me a waiver to this scale. I wonder if in NY there is no way to waive it? His take on the sliding scale was that it was put there to encourage smaller settlements (because their take is bigger), but he told me that it really doesn't matter to him or to any "good" (his word) lawyer. He told me he was still going for the gusto in our lawsuit (and he did). I truly believe that for our attorney, it was about Juliana and what happened to her. He really gets angry over bpi cases. It was cathartic to talk to him sometimes, as he shared my frustration and anger with an obstetric community that refuses to find a better way to birth babies.
I am sorry that a lawyer would ask you to sign a waiver like that. You have every right to be annoyed (or more) with that.
claudia
New York has a sliding scale too. My lawyer did not ask me, nor did he present to me a waiver to this scale. I wonder if in NY there is no way to waive it? His take on the sliding scale was that it was put there to encourage smaller settlements (because their take is bigger), but he told me that it really doesn't matter to him or to any "good" (his word) lawyer. He told me he was still going for the gusto in our lawsuit (and he did). I truly believe that for our attorney, it was about Juliana and what happened to her. He really gets angry over bpi cases. It was cathartic to talk to him sometimes, as he shared my frustration and anger with an obstetric community that refuses to find a better way to birth babies.
I am sorry that a lawyer would ask you to sign a waiver like that. You have every right to be annoyed (or more) with that.
claudia
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: Legal Questions
Tina,
I am familiar with the firm you retained and am surpirised they had you waive the sliding fee. In Massachusetts the fee is controlled by law ans cannot be waived or altered. I'm sure your firm had an opinion that waiving the fee structure is ethical, but that still does not make it right. It is correct that cases that win do to an extent fund cases that lose, but lawyers are well paid when cases win and should share some of the risk. If the lawyer does not think the case can win, he/she should turn the case down. If a state has some form of a structured fee, the lawyer should not ask to alter it or change it. At this point most states have some fee limit, and the ones that don't yet will soon. Of course, you should all be more concerned with the effort to limit what you and your child can recover from a case. That is a potential threat to your ability to care for you children even if cases are won, If anyone needs fee information for any state, please contact me and I will get it for you.
Ken Levine
Klevine@Klevinelaw.com
617-566-2700
I am familiar with the firm you retained and am surpirised they had you waive the sliding fee. In Massachusetts the fee is controlled by law ans cannot be waived or altered. I'm sure your firm had an opinion that waiving the fee structure is ethical, but that still does not make it right. It is correct that cases that win do to an extent fund cases that lose, but lawyers are well paid when cases win and should share some of the risk. If the lawyer does not think the case can win, he/she should turn the case down. If a state has some form of a structured fee, the lawyer should not ask to alter it or change it. At this point most states have some fee limit, and the ones that don't yet will soon. Of course, you should all be more concerned with the effort to limit what you and your child can recover from a case. That is a potential threat to your ability to care for you children even if cases are won, If anyone needs fee information for any state, please contact me and I will get it for you.
Ken Levine
Klevine@Klevinelaw.com
617-566-2700
-
admin
- Site Admin
- Posts: 19873
- Joined: Mon Nov 16, 2009 9:59 pm
Re: Legal Questions
Hello All. I used to come on here a few years back with the same question. After speaking to several parents on here I ended up indeed contacting a lawyer. The case took almost 3 yrs but after all is said and done My daughter is getting what she deserves. When she is older she will have life alot easier because of the desicion this forum helped me make.
I just wanted to thank all of you,
Briyonna's mom
I just wanted to thank all of you,
Briyonna's mom
Re: Legal Questions
Claudia and Ken, thank you both for understanding. I too was surprised about the waiver. Ken, I was also wondering if you would confirm if the % breakdown of the sliding scale for CT posted by a guest is accurate. Also, I know that our lawsuit is behind us now and we didn't win so it doesn't matter monetarily, but I would be curious to findout if there is a law that controls the sliding scale in CT as well. How would I go about researching that? BTW, although our lawsuit is over, I know of at least a few other families who retained the same firm as us and who could benefit from the information. Thank you.
~Tina, bpmom@comcast.net
~Tina, bpmom@comcast.net