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  • 1.  nonpayment, case withdrawl

    Posted 12-12-2024 18:49

    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



    ------------------------------
    Nancy Williams
    BSN RN CM CLCP LNC

    Life Care Planner/ Testifying Expert/ Nationwide 

    614.390.3521
    ------------------------------


  • 2.  RE: nonpayment, case withdrawl

    Posted 12-12-2024 19:08
    Hi Nancy....so sorry this happened!  

    By any chance, did the attorney sign your fee agreement?  And if so, does that agreement speak to not providing testimony, etc. until all fees are brought current?  

    I had something similar happen - attorney had signed my fee agreement which said he'd have to pay my attorney's fees and interest.  I hired my attorney to write a letter to collect payment - and hiring attorney paid all fees (interest and attorney's fees) promptly.  

    I really have no advice other than it may take an attorney talking to this attorney. 

    Wishing you well with this!

    Katherine


    Katherine S. Dunlap, MS, LCPC, CRC, CLCP
    Dunlap Rehabilitation Services LLC
    PO Box 1826
    Livingston, MT 59047
    she/her
    406-222-0814
    866-354-9411 fax
    dunlaprehab@gmail.com

    Electronic Disclosure Statement: This e-mail is NOT ENCRYPTED. If you are communicating about a client, please do NOT place the person's name or personal information in the e-mail or subject line but use non-descriptive identifiers since this is an unsecured form of communication. Any communication regarding a client is considered work product and will become part of the file. If you have received this e-mail in error, please notify us immediately and remove the information from all electronic and hard copy sources. Storing, printing, or disseminating this e-mail to other parties is prohibited unless authorized by the sender.






  • 3.  RE: nonpayment, case withdrawl

    Posted 12-12-2024 19:25

    Thanks Katherine!

    Do you mind sharing your attorneys contact info w/ me privately please?



    ------------------------------
    Nancy Williams
    BSN RN CM CLCP LNC

    Life Care Planner/ Testifying Expert/ Nationwide 

    614.390.3521
    ------------------------------



  • 4.  RE: nonpayment, case withdrawl

    Posted 12-12-2024 19:09
    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





  • 5.  RE: nonpayment, case withdrawl

    Posted 12-12-2024 19:27

    Bob,

    Your information is mind blowing, I cannot thank you enough.

    Would you please ring me? 614.390.3521 (old Ohio number)

    I am in the Pacific Northwest :)



    ------------------------------
    Nancy Williams
    BSN RN CM CLCP LNC

    Life Care Planner/ Testifying Expert/ Nationwide 

    614.390.3521
    ------------------------------



  • 6.  RE: nonpayment, case withdrawl

    Posted 12-12-2024 19:26
    I've operated a company in Washington State since 1985. I have had 3-bad debts sounding like yours. Each from solo practice attorneys.

    Small claims in my State, allows $5,500 max claims and costs about $50 to file. The amount differs in States. If you prevail that cost is reimbursed. I won all three but it's a distraction nobody wants. 

    On #1, I had no fee agreement signing to show as pro se, the judge as evidence on payment criteria: amount per hour, when payable due,  and interest damages for late payments. The lawyers letterhead engagement letter clearly stated I was hired for assessment and testimony at two different rates I required. The letter was ambiguous so not allowed. 

    I wrote and require attorneys to sign, date, and agree since including attorneys name and law office named together. This fixed the Proof issue. It shows your a pro and ready to rumble.

    I called the State Bar Association. They do not get involved at all with experts issues. The complaint is not worth your time. You're correct, hiring an attorney cost at or above the likely bad debt. You can be dead right. 

    Action recommended: write a comprehensive Fee Agreement. I think Michelle Weiss (of Tennessee)husband did a seminar last year on fee agreements. 

    "Don't let get you down, it's only castles burning".

    John F. Berg, M.Ed., CRC, ABVE/D, IPEC 
    Vocational Consulting, Inc.
    Seattle- Wa





  • 7.  RE: nonpayment, case withdrawl

    Posted 12-12-2024 19:31

    John,

    Thank you for this information, I greatly appreciate it I will look for that information which you have referenced.

    I am in Pacific Northwest also ~



    ------------------------------
    Nancy Williams
    BSN RN CM CLCP LNC

    Life Care Planner/ Testifying Expert/ Nationwide 

    614.390.3521
    ------------------------------