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Contingent Fee Representation
Although we are required by the Missouri Bar to advise our
clients that they are free to pay for our services upon an
hourly basis ($250.00/hr), virtually all of our personal
injury clients prefer that we represent them upon a contingent
fee basis. Simply stated, this means that our fee is
contingent upon (depends on) winning a settlement or court
judgment for you. You owe us no fee unless we collect money
for you.
In addition to our fee being contingent upon winning, The
Glassman Law Firm, P.C. advances the expenses necessary to
prepare your case. These expenses typically include the
following:
- Police and accident reports
- Photographers
- Investigators
- Medical records
- Court filing fees and subpoenas
- Depositions
- Expert witness fees
These legal expenses can range from a few hundred dollars
in a modest case where no lawsuit is filed (the claim is
settled based upon documented damages submitted with our
demand letter) to tens of thousands of dollars in a medical
malpractice or product liability case (where numerous expert
witnesses are employed to review, evaluate and testify
regarding the cause and extent of injury).
Pursuant to the ethical rules of the Missouri Bar, legal
expenses are a client's responsibility. However, we realize
that many injured people are unable to work and suffer
financial stress as a result of their physical injuries. They
are unable to pay expenses to retain expert witnesses and
pursue their case. Therefore, The Glassman Law Firm, P.C.
usually advances the case expenses from its own account. These
expenses will be reimbursed to us at the time we procure a
settlement or judgment on your behalf. If we do not recover a
judgment, at our option, and depending upon your situation, we
may ask you to repay all or part of these expenses.
The contingent fee contract has been referred to as the
"poor man's key to the courthouse." Were it not for
the fact that we advance the expenses of the case, sometimes
not being reimbursed for years, many victims of serious
personal injury would never have the opportunity or right to
pursue fair compensation for their injuries, because they
could not afford to do so.
If you or someone you know has a serious personal injury
and is looking for a dedicated law firm to help pursue the
case, you can be sure that the attorneys at The Glassman Law
Firm, P.C. will help by advancing all necessary expenses to
see that your rights are protected and you are awarded just
compensation.
When you contact us by phone or e-mail, we will schedule a
free consultation with you to discuss your case. If, after
this free consultation, you decide to hire The Glassman Law
Firm, P.C. to represent you, we will invest our time, money
and efforts in producing the best possible outcome for you. We
will ask you to sign a
contingent fee contract which contains
a no recovery/no fee provision (see sample
contract). If we
recover money damages for you by settlement or court judgment,
you will pay a percentage of your recovery to us as a fee, in
addition to reimbursing our out-of-pocket expenses. In more
modest cases, we can often settle them without having to file
a lawsuit. In such cases, our contingent fee is typically
one-third of the amount covered.
If we do not receive a fair settlement offer from the
opposing insurance company, and you wish to pursue the claim
in court, we will file a lawsuit on your behalf. Once a
lawsuit is filed, we submit written questions to be answered
under oath by the defendants called
"Interrogatories." We then serve the defendant with
a Request for Production of Documents in order to compel them
to submit certain evidence and documents to us so that we can
further prepare your case. After this initial discovery is
completed, we will question the adverse parties and their
witnesses under oath. This testimony is recorded by a
certified court reporter and is known as a
"Deposition." If your case does not settle following
the depositions, we will retain and secure reports from expert
witnesses who will either testify in person or by giving video
depositions in court. As the case nears trial, we will file
motions with the court in order to outline the issues in your
case and determine what evidence will be admissible. Once you
authorize us to pursue your claim by filing a lawsuit, these
are the stages of preparation that we go through. Based upon
this intensive effort, once a lawsuit is filed, the contingent
fee is 40% of any amount recovered on your behalf.
After a trial, any party dissatisfied with the outcome can
file an appeal. This is usually a one to three year process
which requires us to pay a court reporter to transcribe the
entire trial testimony into transcript form. We will then
undertake extensive legal research and compile a legal brief
to submit to the Court of Appeals, listing and explaining all
of our legal arguments and case precedents to support our
position. We will then appear before a panel of appellate
judges to argue the legal points raised in the appeal.
We can usually expect a ruling on the appeal from the
Missouri Court of Appeals within 1 - 1½ years, either
affirming the judgment (allowing it to stand) or reversing it
(causing us to retry the case).
A party who is dissatisfied with the decision by the
Missouri Court of Appeals can then file a further appeal in
the Missouri Supreme Court. The entire briefing process is
again required, and we appear before the Missouri Supreme
Court in Jefferson City to present arguments in the case. In
the event of an appeal (only about 1% of all cases), the
extensive legal work we undertake requires us to charge a 50%
contingent fee on any amount recovered.
The Glassman Law Firm, P.C. would be honored to represent
you. Please contact us if you
have any questions about your injury claim or any aspect of
the contingent fee contract. |