Filing a lawsuit-warning long post

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slidelock
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Filing a lawsuit-warning long post

Post by slidelock »

Mods, please feel free to move this post if appropriate.

Over the years I have been a member of this forum I have seen much discussion about filing a lawsuit. I have never been involved in a lawsuit involving law enforcement, but I have filed a lawsuit against a former employer. I believe my experience may have some value to any member considering a lawsuit. It may help to remember a couple of points:
(1) an attorney is a small businessman, Cases like yours are how he pays the rent.
(2) Going to court is a gamble, it's impossible to accurate predict the outcome. Successful businessmen are seldom active gamblers.
(3) For an attorney, a quick settlemnt for a large enouph amount is always the best possible outcome.
(4) Municipalities are often insured, and chump change lawsuits are the cost of doing business.
(5) Bad law enforcement behavior is unlikely to be deterred, by any legal settlement.
With those points in mind, lets consider a possible scenario that comes to mind in this folrum. You are out in public doing something not only legal, but an exercise of a fundamental right. You are arrested for doing so. The details aren't important right now, but you feel your rights have been violated and you want justice. While a large check may be welcome, it isn't really what you're after. Your first task is to find an attorney willing to take your case on contingency. Few of us have enough ready cash to interest a successful civil attorney in taking your case for a simple fee. This inherently raises a conflict with your desired outcome, even if you don't see it. Reference #3, regardless of what your attorney may tell you about your chance of getting justice, he likely is thinking settlement, even if it includes a non disclosure statment preventing your from even talking about it.

In my case, my attorney listened to my story, nodded at my stated intention of getting some changes made and agreed that a large settlemnet check wouldn't hurt either. He also agreed to keep me closely advised of any communications with the other side. He then handed over his standard boiler plate agreement printed on his laptop and said "sign here"
In the ensuing 18 months, the only time I heard from him was when I called him. Our conversations were always short and uninformative, almost always he claimed he had to go to be in court shortly and couldn't talk right now.( He answered his own phone because he didn't have a secretary)

Finally he called me with the news "We got a settlement!" "Great, how much?" "$5,000" In the initial interview we had agreed to a minimum of $20,000. Not much, but a fair amount I thought. When I asked about the original amount, he said that $5000 was all we were going to get out of this case and I had to take that. I said, that wasn't what we discussed, he said, that was all we were goin to get and I had to take it or he would drop the case and walk away.

Lessons learned, as long as you and your attorney are only interested in a cash settlement, your on the same page. The amount is still up for debate unless you're willinng to take what ever is offered. If you expect anything else, even if you discussed this at the beinning, that document you signed doesn't reflect that.

My advice is to clearly discuss what you expect what you want out of your case with your lawyer as I did. Insist that a minimum settlement amount and anything else be included in your agreement. Without that you could end up with a chump change settlement with a non disclosure agreement attached. Remember the goal for many of us is to deter some of the behavior we've seen for years. A quick settlement from an insurance company with an attached non disclosure clause is unlikely to accomplish that.
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Werz
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Re: Filing a lawsuit-warning long post

Post by Werz »

slidelock wrote:My advice is to clearly discuss what you expect what you want out of your case with your lawyer as I did. Insist that a minimum settlement amount and anything else be included in your agreement. Without that you could end up with a chump change settlement with a non disclosure agreement attached. Remember the goal for many of us is to deter some of the behavior we've seen for years. A quick settlement from an insurance company with an attached non disclosure clause is unlikely to accomplish that.
Your observations and analysis are quite accurate. However, your advice requires one caveat. The likelihood of finding an attorney who is willing to take the case on a contingency fee, and upon the conditions which you have outline above, is very, very slim.
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dcludwig
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Re: Filing a lawsuit-warning long post

Post by dcludwig »

Werz wrote:
slidelock wrote:My advice is to clearly discuss what you expect what you want out of your case with your lawyer as I did. Insist that a minimum settlement amount and anything else be included in your agreement. Without that you could end up with a chump change settlement with a non disclosure agreement attached. Remember the goal for many of us is to deter some of the behavior we've seen for years. A quick settlement from an insurance company with an attached non disclosure clause is unlikely to accomplish that.
Your observations and analysis are quite accurate. However, your advice requires one caveat. The likelihood of finding an attorney who is willing to take the case on a contingency fee, and upon the conditions which you have outline above, is very, very slim.
I agree with this assessment. I have had two major accidents (neither my fault) in the last ten years. Filed claims against both of them through contingency attorneys. The first accident (which required surgery on a torn tendon), I did not receive what I had expected to receive, but it was "fair", I suppose. The second accident caused injury, but not requiring surgery. I didn't expect much in the settlement, but received about twice what I "expected". Going to an attorney who works on contingency is, IMHO, the best way to go, but you cannot expect to demand any "minimum" settlement.

That is not to say that if you lose an arm due to a negligent driver you should accept payment of $500 for the injury. What should you expect in this case? Well, I honestly don't know, but I would discuss with the attorney(s) what their ballpark figure would be. If it seems low, then shop around. Even then, an attorney can promise you the moon, but the reality is insurance companies know what the going rate is (and how skilled your attorney is, in most cases). I doubt seriously if any attorney would sign an agreement with a minimum settlement. Nothing wrong in discussing their expectations and by all means do so, just don't count on a minimum agreement.

You can always demand the case be taken to a jury, but you risk a lot in doing so.
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Publius2013
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Re: Filing a lawsuit-warning long post

Post by Publius2013 »

Very informative and useful, slidelock. Of course, the defeat of tyranny is always the goal.
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Werz
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Re: Filing a lawsuit-warning long post

Post by Werz »

Publius2013 wrote:Very informative and useful, slidelock. Of course, the defeat of tyranny is always the goal.
But like any war, it must be funded. Even our own revolution relied heavily on Benjamin Franklin begging money from the French. Don't expect an attorney to snatch up your case solely out of loyalty to "the cause." Ain't gonna happen.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
slidelock
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Re: Filing a lawsuit-warning long post

Post by slidelock »

Thanks Werz, thats pretty much the response I've gotten so far. On the other hand, its a buyers market, bring the right case and insist on your terms in writing and keep shopping around. It might work.
Tweed Ring
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Re: Filing a lawsuit-warning long post

Post by Tweed Ring »

Most private practice lawyers have told me:

If my case is marginal, or a loser, they will take it, but by the hour.

Conversely, if my case seems to have merit, they will take it on a contingency basis.
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Re: Filing a lawsuit-warning long post

Post by carmen fovozzo »

Cleveland Yellow Pages has 52 pages of Attorneys...they AIN'T all working.....
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Tweed Ring
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Re: Filing a lawsuit-warning long post

Post by Tweed Ring »

C - some will go into politics. Some will starve, and change careers (I had a bunch working for me in Columbus.) Some will live a life of quiet desperation, probating wills in their basements...
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Re: Filing a lawsuit-warning long post

Post by carmen fovozzo »

Exactly.....
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Splat!!
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Re: Filing a lawsuit-warning long post

Post by Splat!! »

If there is a personal injury................You can't beat them off ................So make sure you fall down and hit your head, no matter what :P
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MyWifeSaidYes
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Re: Filing a lawsuit-warning long post

Post by MyWifeSaidYes »

The city of Cleveland is trying to help as many attorneys as they can.

http://www.cleveland.com/metro/index.ss ... ys_ra.html" onclick="window.open(this.href);return false;

Their police department seizes firearms, does not press charges, and declines to return those firearms.

When asked to return the seized item(s), the city recommends filing a lawsuit...against themselves.

A fine example of the Attorney Welfare System.
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BB62
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Re: Filing a lawsuit-warning long post

Post by BB62 »

Evidently there's no 9.68 violation in Cleveland's laws! :roll:
Yes, I do believe in open carry. An openly armed man is clear in his intentions. Concealed carriers are sneaks and skulkers and elitist, boot licking, political contribution making, running dog lackies of The Man. <wink> (thx grumpycoconut - OpenCarry.org)

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