What can I do if my attorney refuses to pay for experts? 2 Answers as of April 07, 2011

I have a personal injury case that is assessed at $2,000,000. However attorney does not want to hire expert witnesses to pay for experts to save money. It is contingency fee case and he gets reimbursed for the expert disbursements at the end of the case.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Unfortunately, in these times of recession, everyone, including attorneys, have been hit hard and this sounds like one of the casualties of the recession. Nonetheless, if the case is valued at $2M, then it would be foolish to decline to hire experts. Its sort of "penniwise and pound foolish" as the old saying goes. However, about the only things you can do is write him/her a formal letter and inform him/her that if experts are not hired and you should lose the case, it will be held against him/her. Another alternative is to scout around for another attorney who is willing to pay for experts and give that firm the case. Remember, of course, that the first firm will nonetheless share in part of the legal fees so its not as much of a prize for another firm to take it over. On the other hand, if you fire the first firm for cause (and that may constitute cause) then they only get an hourly fee for their time spent to date. Consult with a new attorney and see if they'll take the case over at this point. Last, but not least, call your present attorney and ask what it will take to hire the experts and see if they will split the costs with you and you pay half or all of the expert's fees and then you get them back at the end of the case. One last thought. Perhaps they don't really believe in the case that much and this is their way of getting rid of it because they don't want to spend their own money hiring experts. I suggest you consult with a new lawyer to see what your rights and alternatives are and then make your choice. Good luck.
Answer Applies to: New York
Replied: 4/7/2011
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
If your case is worth 2 million and your attorney won't pay for experts, its time to think about getting a new attorney. I am a former federal and state prosecutor and now handle personal injury cases. Feel free to check out my web site and contact me if you wish to retain new counsel.
Answer Applies to: New York
Replied: 4/7/2011
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