Your 8 Basic Rights How to Make Sure Your Nursing

Home Abuse Lawyer is Doing Their Job

Lawsuits are new to most people. The procedures and laws that

control your case are complex and difficult to understand. So,

you place your confidence and trust in your lawyer and hope

they do the right thing.

That’s a fine thing to do if you have known your lawyer for a

long time, or have reason to trust them. But what if you found

your lawyer on a television commercial, or through an

advertisement you saw? Can you really trust them?

How do you know if your lawyer is telling the truth, nonetheless

doing an excellent job?

Getting straight answers from lawyers is not always easy. Even

getting your lawyer on the phone may be difficult. So, what

options do you have? Do you just throw your hand in the air

and hope for the best? Do you have any rights at all in how your

case is handled?

You do have rights as a client. Sadly, however, few people know

that they have any rights at all—and their lawyer never tells

them. We’re providing information on eight basic rights clients

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have to empower families of nursing home abuse and neglect

victims (and anyone else who has a personal injury lawsuit).

You are not simply victims at the mercy of lawyers. You are

consumers of legal services. In this simple packet we give you

insider knowledge about the basic rights of your lawsuit.

Few lawyers provide this information. I won’t say why most

lawyers don’t give away this information. However, it’s very

simple: if your lawyer doesn’t provide you with information

about your rights, fire them!

Knowing your rights is the first step you can take in gaining

strength over your circumstance.

At Eadie Hill Trial Lawyers we want our clients to be

empowered. Our clients are a vital part of our quest toward

Ending Nursing Home Abuse!

William Eadie Michael A. Hill

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Right #1: You have the right to fire your

lawyer at any time, for any reason!

There is an old saying in the law, “clients have lawyers, but

lawyers don’t have clients.” What does that mean? That means

that clients have the absolute say in who represents them at

each stage of the case. The case belongs to you, not the lawyer.

And this makes sense. Think about other areas where you hire

a person to do work for you. Like a doctor, dentist, or

accountant. If you are not satisfied with your doctor, you get

another one. Your body and health belong to you, and you can

get a new doctor whenever you want for whatever reason you

think is best. Your lawsuit is no different. It’s yours!

How does someone fire his or her lawyer? Just by doing it. You

simply say, “you’re fired”! You don’t even need to sign a piece

of paper to fire your lawyer. Now, your lawyer may not be

happy about this. They may groan and tell you all the reasons

they shouldn’t be fired, but big deal. You hired the lawyer to

perform a specific service. If you don’t think they’re doing a

good enough job, then you shouldn’t hesitate to find a new

lawyer.

What if you signed a retainer agreement or a fee agreement?

That’s the document you probably signed the first or second

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time you met with your lawyer. That document provides some

of the obligations you and your lawyer have to each other. If

you didn’t understand the agreement, don’t worry, most clients

don’t. Most clients probably don’t even read it before signing.

But none of this matters. What matters is that the agreement

is not a contract for life or even for the life of your case. No

matter what you signed, you always have the right to fire your

lawyer. Because it’s your case!

If you’ve lost trust in your lawyer—unfortunately, that happens

too often—then get a new one. Get a lawyer you trust and feel

comfortable with.

But what about the legal fees? Will you have to pay the legal fees

for the work your former lawyer did when you fired them?

No, not if it is a contingency fee case. Contingency fees are

when the lawyer takes a percentage of the settlement or verdict

as payment. Almost all injury cases are taken on a contingency

fee. The original lawyer will split his fee for the work he did

with the next lawyer at the end of the lawsuit. What’s important

to remember is that you will be spending the same amount on

the fee either way.

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Right #2: Your lawyer cannot fire you!

This is a very important right. You should remember it.

While you always have the right to fire your lawyer with no

explanation necessary, your lawyer cannot simply fire you

after your lawsuit is filed.

If your lawyer threatens to fire you (this happens, trust me), you

need to know one thing: they can’t simply fire you after they’ve

filed the lawsuit. At least, not without your consent, or asking

the judge.

The lawyer must make a motion to the court asking for

permission to terminate his relationship with you. If you do

not consent, the court may not allow your lawyer to fire you as

their client.

So, keep in mind: if your lawyer tells you that they are ending

the relationship with you, you may have the right to say, “No.”

But if your lawyer is no longer interested in your case, it may

be best to get a new lawyer anyway.

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Right #3: You have the right to select the

lawyer to work on your case

You’ve done your research. You’ve selected the best trial lawyer

you could find. You’ve met the lawyer, signed the fee

agreement, and everything seems great.

Nothing to worry about, right? Hold on, my friend!

That great lawyer might not be working on your case. Many

lawyers will meet and greet you at the first meeting, then you

get passed off to the newest lawyer just out of law school. Hey,

all lawyers were there at one point in our career and new

lawyers need experience . . . but not necessarily on your case.

At your first meeting with Mr. or Ms. Trial Lawyer, you must

ask, “Will you be handling my lawsuit?” And, “Will you be

handling the depositions and the trial?” You need firm

commitments from Mr. or Ms. Trial Lawyer.

If they hem and haw when you ask these questions, it’s a good

bet that they intend to pass your case off to the newest and

greenest employee at the law firm. Get the answers at the initial

meeting and confirm your understanding with a letter which

you ask Mr. Trial Lawyer to sign to confirm your agreement.

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Right #4: You have the right to a complete

copy of your file at any time

The file belongs to you (not your lawyer) and you have the right

to get a copy of the complete file whenever you want at no

charge.

You have the right to insist that you get a copy of your complete

file whenever you want, without even giving a reason. Your

lawyer cannot ethically refuse to let you review your file.

By the way, your “file” includes every document, whether

electronically generated or a paper copy, relating to your case,

including documents containing the mental impressions of

your lawyer and his staff.

I’ve had people some to me after firing a law firm and say, “I’ve

requested the file and here it is.” All they have is a disc or two

of medical records. That’s not the complete file. Trust me.

Now keep in mind, in this day and age files are often no longer

paper documents. Your file includes a lot of digital

information. This means that your file may be electronic, and

that’s ok. The important part to remember is that the

information belongs to you.

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If you are my client, you have the right to status reports about

your case once every four to six weeks. If you don’t know the

status of your case and your lawyer won't tell you, it’s time to

find a new lawyer.

You have the right to get answers from your lawyer in writing

within a reasonable time of your request. You have the right

to meet or speak with your lawyer within 3-5 business days of

your request (unless the lawyer is engaged in a trial at the time

of your request).

If you are my client, you will receive “The 3 Rules for

Communication” that explain how to communicate with my

team members and the rules for communicating with me via

email, telephone, and face-to-face. It’s very simple: we will

always be accessible to you, but only at scheduled times.

Why do we only take scheduled telephone calls? Each client is

entitled to uninterrupted service. When we are interrupted

during the day to answer unscheduled telephone calls, we are

doing a disservice to all our clients—including you.

If your lawyer will not meet or speak with you within that

timeframe, it's time to find a new lawyer. You have the right

to a face-to-face meeting with your lawyer if you prefer a

meeting instead of a telephone consultation.

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Right #5: You have the right to insist you not be responsible for case expenses if

you lose your case

I’m sure you’ve seen lawyer advertisements reading, “No fee if

no recovery.” This sounds good but is basically meaningless.

In contingency fee cases, like yours, the lawyer is not entitled

to a legal fee if you lose your case. So, of course, “no fee if no

recovery.”

However, your lawyer can insist that you pay the case

expenses, also known as “disbursements,” if you lose your case.

The case expenses can range from $15,000 to over $100,000.

If your lawyer insists that you pay the case expenses at the end

of the case, and you lose your case, you could be forced into

personal bankruptcy. Not what you expected when you heard

“no fee if no recovery.”

But there is great news for you! Your lawyer can agree in

writing that you will not be responsible for the reimbursement

of case expenses at the end of the case if you lose your case. It’s

in every one of our contracts.

You should insist that the contract you sign with your lawyer

contains a provision that specifically states something like:

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Client is not responsible for reimbursement

of expenses incurred by the client’s lawyer

in the prosecution of the case if there is no

recovery by settlement or judgment.

Only with such a statement in the retainer agreement will you

be protected from a substantial debt at the end of your lawsuit.

You should make sure your lawyer includes this paragraph in

the retainer agreement. Otherwise, if you lose your case, you

could be faced with personal bankruptcy.

If your lawyer won’t include this information in the agreement,

fire them!

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Right #6: You have the right to an itemized

list of all case expenses at any time

If your lawyer is doing their job, they will spend money for filing

fees, expert witnesses, medical records, depositions, deposition

transcripts, and travel, including flights and hotels to meet with

and depose experts. You won’t even realize that this money is

being spent, but it is necessary for the lawyer to do their job.

But I will let you in on a little secret: this is your money.

If they’re spending the money now before a settlement or

verdict, how is it your money? At the end of the lawsuit, you

will have to reimburse your lawyer for the case expenses. So,

you want to make sure that your money is being spent wisely.

You have the right to a complete, itemized list of the case expenses

at any time. The ledger will show the date of every case expense,

where the money was spent, the amount of each expense, and

the purpose of the expense (for example, “complaint filing fee”).

Remember, this is your money and at the end of the case, you

will pay these bills by reimbursing your lawyer. Your lawyer

should provide an itemized list of every case expense, and be able

to explain why they spent the money.

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Right #7: You have the exclusive right to

decide whether to settle your case

Let me let you in on something very important: you are the

boss. You decide whether to settle . . . not your lawyer.

Your lawyer is acting as your agent. They aren’t allowed to settle

your case without your consent.

Now, you can’t go completely overboard. You will not dictate

how we handle your lawsuit on a day-to-day basis. Those day-

to-day decisions require our professional judgment.

That’s why you hired a lawyer.

But when it comes to the ultimate decision whether to settle,

lawyers can only make recommendations. You can accept or

reject them, even if that means ignoring our advice.

Your lawyer cannot force you to settle. Period.

Our clients can get a written evaluation of the strengths and

weaknesses of their case. Our written valuation of your case will

have a monetary figure showing the absolute lowest amount that

we will recommend as a settlement (the “bottom line”) and the

figure that is the “goal” of the settlement negotiations.

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Why do we do it this way? Our job is to make your decision easier,

not more complicated. You can only make a good decision if you

have good information.

Your “net recovery” is the only number that should matter to

you when you consider a settlement. Your “net recovery” is the

amount of the check that you will receive after all expenses (case

expenses, legal fees, and liens and subrogation claims).

For example, if your case settles for $300,000 with $20,000 in

expenses, a $10,000 lien from Medicare, on a 40% contingency

fee, your “net recovery” will be $150,000:

$300,000 - 120,000 (40% legal fee) - $20,000 expenses - $10,000 lien

= $150,000 to you (“net”)

Liens and subrogation claims are when Medicare, Medicaid, or

a private insurer insist on being paid back for care they paid for,

if you recover. You have a right to be kept informed of the

amount of the liens and subrogation claims throughout your

lawsuit.

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Right #8: You have the right to insist upon

absolute confidentiality

You place a lot of trust in your lawyer. In some cases, clients

have told us things that they would not tell anyone else in the

world. You have the right to insist that EVERYTHING you tell

your lawyer is strictly confidential—not just verbal

communication, but all written correspondence and emails

between you and your lawyer.

Your communications with your lawyer and their staff are

protected by the attorney-client privilege. This means your

lawyer must keep their mouth shut about them.

If you are my client, you have the right to get a written “Rules

for Protecting your Privacy Rights” explaining how your

medical records and privacy rights will be safeguarded by my

team. “Rules for Protecting your Privacy Rights” explains how

your confidential information is handled within our law firm.

If you question the integrity of your lawyer, or think they are

not honest with you, you should terminate the attorney-client

relationship. If your lawyer is not honest with you, it’s time to

find a new lawyer. Your lawyer has too much confidential

information about you not to be trustworthy.

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If you believe your lawyer has been dishonest, unethical or lied,

you should file an ethics complaint against your lawyer with

your state bar association. The Office of Disciplinary Counsel

reviews complaints against lawyers and protects consumers

against dishonest lawyers.

Your complaint must be in writing. You must include 1) the

name of the person making the complaint, 2) the name of the

attorney against whom the complaint is being made, and 3) the

basis for the complaint. In Ohio, a complaint form for lawyers

may be obtained from the Office of Disciplinary Counsel, 250

Civic Center Drive, Suite 325, Columbus, Ohio 32215-5454 or

from your local bar’s grievance committee.

There are some limits to confidentiality—like if you tell your

lawyer about how you’re going to hurt someone—that do not

probably matter to your case.

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Our Promise to You

Do we believe this stuff? Let us prove it.

If you are our client, we will sign the final page of Your #8 Basic

Rights. By signing, we promise that we will live up to its terms.

If you ever believe we haven’t, we want you to bring the signed

promise and confront us. They are your rights, after all.

No one has ever had to do this, and we hope they never do!

But they can. And it’s always good to stand up for your rights.

Whether we are your lawyers, or you hired the lawyer next door,

we encourage you to aggressively protect your rights in your

relationship with your lawyer. Make sure your lawyer is doing

their job and you will be way ahead of the average client.

Here’s to your rights!

______________________ ______________________ William Eadie Michael A. Hill