Your information is mind blowing, I cannot thank you enough.
Original Message:
Sent: 12-12-2024 19:08
From: Robert H. Taylor
Subject: nonpayment, case withdrawl
Nancy, I see a very simple solution to this. First, because of the nonpayment issue, send a certified letter (or by FEDEX) to all of the attorneys involved in the case, plaintiff and defense, and say, because the retaining attorney chose not to compensate you for your work (and report), you are withdrawing from the case and no one has permission to use your work product in the case. I would also make sure that the court is advised of this. I would also make sure that the plaintiff is copied. I don't know if you were retained by the plaintiff, but I assume so.
If you haven't already, I would immediately retain an attorney and file suit against this attorney for nonpayment of your fees. You need to do that in the venue where the attorney practices, not where you practice if that is different.
This is simply a cost of doing business. If you let this go, it will happen again. You need to make sure that as many people as possible know about this attorney's actions. Stick to the facts. Your retention agreement should set forth the terms of your retention and how to proceed when nonpayment of fees is an issue. Do you have a signed retention agreement with this attorney?
If not, this is a difficult lesson to learn, but very necessary.
If you share the story of this attorney's failure to pay with colleagues or other attorneys, it's imperative that you stick to the facts and not embellish in any way.
Good luck. I'd be happy to talk with you about this if you need a little bit more encouragement and support.
Bob
Robert H. Taylor
1987 Haven's End
Prescott, AZ 86305-2148
2162 Summerlin Ln
Longmont, CO 80503
(928) 713-6833
Sent from my iPhone
Original Message:
Sent: 12/12/2024 6:49:00 PM
From: Nancy Dunlap-Williams
Subject: nonpayment, case withdrawl
Hello fellow life care planners.
Happy Holidays ~
I have a situation where I completed a lcp and counsel used my work product but never paid. I typically work retainer to retainer, but this case referral was unusual, I received the initial retainer, and I trusted them to pay at the end of the rush file, so I own that. Yes, I know, one cannot trust attorneys to be honest and pay experts. Not a new concept but nevertheless here I am w/ this.
I did not give permission for counsel to use my work product. Coupled w/ nonpayment, how do I excuse myself from the case and do I notate the nonpayment in some fashion?
On a side note, I understand that even w/ signed contracts attorneys cheat experts. Hiring an attorney to get an attorney to pay is, as the attorneys know full well, not financially viable to pursue, which begs the question, how can we as a professional's guard against this?
Is there a business opportunity in a certified lcp'er whom can assist in collections for an unpaid lcp book of work?
Please offer up your opinion (s) as able and thank you kindly.
Nancy
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Nancy Williams
BSN RN CM CLCP LNC
Life Care Planner/ Testifying Expert/ Nationwide
614.390.3521
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