Atty disregarding contingency agreement

[smblkc]

Ohio

I was involved in a disability claim with the Ohio Public Employees Retirement System, and found an attorney that would accept the case on a contingency basis. Her office had given me a "contingent Agreement" form to sign, which just gives the percentage rates that she would be entitled to (33 1/3%, in my case) of any back pay from the disability claim, if any, and that out-of-pocket expenses and additional specialists are at my expense.

The problem is this: I did end up getting the disability that I applied for, however, am not sure if I will be getting any back payments from the case. The attorney had just sent me a letter, with an itemized listing of "billable hours" and demands that I pay her within a week. (I had explained to her at the initial consultation that I could only retain an attorney on a contingency basis due to being unable to afford the hourly rates).

As she had agreed to a contingency basis for the case, and now has decided to bill me hourly, I am confused as to what to do. She had even threatened to garnish my benefits (which, according to the OPERS.org website, doesn't seem to really be an option for her). All in all, I am curious to know, if I do not receive any back pay for the case, am I going to have to pay the hourly fees, or should the contingency agreement still stand, and the attorney either get the percentage or nothing?

Thank you!

 

[Dandy Don]

Does the agreement you signed mention anything about billable hours?

Pay only the contingency rate you agreed to and send a certified letter along with your payment that states such, and then if he asks for anything above that, file a complaint with the state bar association. What he is doing is unethical.

Does the billable hours statement specifically mention/describe in an itemized fashion the exact services he performed for those hours?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[seniorjudge]

Ohio Public Employees Retirement System


Don't these folks have to approve the attorney-client agreement?

 

[smblkc]

The contingent agreement has nothing about billable hours. All it states, other than the percentages (33 1/3%) is that out-of-pocket expenses and that any investigators or experts would be at my expense.

I had advised her at the initial consultation that I could not afford a "per hour" retainer, and this is why she agreed to do the contingency.

My personal opinion is that she is probably counting me on not getting any kind of settlement, and wants to get something to cut her losses. I understand this concept, and I would not be against paying a reasonable fee in this scenario. But, this is not what was agreed upon (and nothing was discussed). The sad fact is that I know nothing as to what I am entitled to as far as any back pay, and this is why I wanted to consult a lawyer to begin with. While I would feel bad if she ends up not making anything on the contingency agreement, I also understand that this is the risk that the attorney takes.

The way the the expense statement is laid out is as follows:
5/10/06 Conference 1.0
5/15/06 Telephone .2
6/1/06 Correspondence .5

So on and so forth. Nothing is specified to whom the faxes, calls and correspondences were from or to, or what it was in reference to. Just the date and length of time it allegedly took.

Thank you

 

[smblkc]

Ohio Public Employees Retirement System


Don't these folks have to approve the attorney-client agreement?

Not that I was informed of. The only thing that I had to do was submit a release form to have OPERS send correspondences to the attorney, doctor, or other representative. Neither the attorney nor OPERS ever mention anything about an approval for an attorney-client agreement. The only thing that the attorney mentioned was that some organizations require a specific percentage to be used for contingency agreements (but she didn't know what it was, so she went with the standard 33 1/3%.