{"id":6146,"date":"2012-02-04T14:56:07","date_gmt":"2012-02-04T19:56:07","guid":{"rendered":"http:\/\/sidebarforplaintiffs.naomifein.net\/?p=6146"},"modified":"2013-05-13T12:25:45","modified_gmt":"2013-05-13T16:25:45","slug":"what-can-you-do-when-your-lawyer-neglects-your-case","status":"publish","type":"post","link":"https:\/\/sidebarforplaintiffs.naomifein.net\/?p=6146","title":{"rendered":"What can you do when your lawyer ignores you? 1"},"content":{"rendered":"

Why may not that be the skull of a lawyer? Where be his quiddities now, his quillets, his cases, his tenures, and his tricks? \u2013 Shakespeare, Hamlet<\/em><\/span><\/p>\n

When I was collecting apt quotes about lawyers, I realized that virtually all of them were negative. “Negative” is a euphemism: they slash and burn. Oh dear. People hate lawyers.<\/p>\n

Not me, though. As I’ve said numerous times, I really like lawyers, I appreciate them. When I need them, they are there and I have been grateful. And I have praised them.<\/p>\n

However. Now you’re going to hear what has just happened in my broken foot lawsuit, for which I am, you may remember, represented by the personal injury specialists Dinkes & Schwitzer.<\/p>\n

It’s coincidental that this happened to me now, just after the news of how Sullivan & Cromwell, a major law firm, treated one of their clients, an indigent man on death row. But, although my circumstances are hardly comparable, could not be less dire and, indeed, I have signed off on a settlement, Dinkes & Schwitzer have throughout this case treated me with similar contempt.<\/p>\n

And finally, after four years of my good, if sardonic, humor, I am furious. Here’s what happened:<\/p>\n

In early November, 2011, I met with Marc Mauser, the lawyer finalizing my case, and without much enthusiasm signed a settlement agreement for a total of $30,000.<\/p>\n

At that time Marc told me that among the expenses that would have to come out of the settlement were the medical insurance payments related to my injury. My insurance is a Medicare Disadvantage Plan (yeah, I know what I typed. Take it as an advisement: Medicare, government-run, is terrific. The private insurance companies who grabbed money out of Medicare to “run” the disadvantage plans are beneficiaries of corporate welfare, right out of our tax dollars.).<\/p>\n

I knew this and indeed, several years earlier, I had sent all the applicable Medicare documents to Dinkes & Schwitzer. The total that Medicare had paid for my foot-break injury was under $800. So in my file Dinkes had all they needed for the settlement.<\/p>\n

Marc then told me the case would probably settle in February.<\/p>\n

Which it is now. Haven’t heard from Marc, but have<\/em> heard from Medicare. Several times. After a couple of informational mailings which were copied to Dinkes & Schwitzer, in early January 2012, I received a fat pile from Medicare with what they said was a summary of all the medical charges my settlement had to reimburse. Medicare had listed every single medical charge they had paid over several years.<\/em> Instead of under $800<\/em>, the total came to $9500.<\/em><\/p>\n

What the hell had Dinkes been doing from November to January? I e-mailed Marc:<\/p>\n

I’m assuming you’ve seen the [Medicare documents]. If not, let me know and I’ll send you a copy. Big problem: these people have listed ALL MY MEDICARE expenses for the entire 2008 year, most of which have nothing to do with my foot fracture or the related lawsuit.<\/p>\n

At this moment, I’m waiting for a customer rep on the phone [I was typing with my phone tucked under my ear] and will try to deal with them myself. But let me know what you’ve done about it, if anything, and what I should be doing about it. In any case, don’t pay them anything before we get this straightened out. Could you confirm you’ve read this e-mail? Thanks.<\/p>\n

You think I heard from him? Nah.<\/p>\n

Meanwhile, I learned from Medicare (always helpful, specific, kind \u2014 all those good government traits) what I (or my lawyers) needed to do: circle all the irrelevant charges and send a letter explaining why they were irrelevant. Okay.<\/p>\n

I did it. It took me hours, and I’m very good at doing things like this.<\/p>\n

On January 19, I sent this e-mail to Marc Mauser:<\/p>\n

Marc, I just finished a letter to Medicare specifying the payments they made \u2014 which we will be reimbursing\u00a0\u2014 for my injury.<\/p>\n

I have not heard from you about this. I would have thought your firm should have done this work in conjunction with me, that I should not have had to do it myself.<\/p>\n

Nevertheless, I did. Medicare told me, as well, that you have not given them a retainer or any form of consent, informing them that you are my attorneys.<\/p>\n

Please respond to this e-mail.<\/p>\n

You think he responded?<\/p>\n

Next week I will tell you what I’ve done about it, what has happened and what will happen \u2014 and what you too can do if your lawyer behaves similarly.<\/p>\n

(It’ll be next week, because tomorrow I will be spending my whole day and night in front of the TV, watching my Giants play in the Super Bowl.)<\/p>\n

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Why may not that be the skull of a lawyer? Where be his quiddities now, his quillets, his cases, his tenures, and his tricks? \u2013 Shakespeare, Hamlet When I was collecting apt quotes about lawyers, I realized that virtually all … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1175],"tags":[149,6,32,465,4,9,247,213,68,5,249],"class_list":["post-6146","post","type-post","status-publish","format-standard","hentry","category-the-facts-of-life","tag-discovery-documents","tag-experienced-plaintiff","tag-how-lawyers-drive-clients-crazy","tag-how-settlements-are-calculated","tag-interpreting-lawyers","tag-law-and-government-agencies","tag-legal-contingency-cases","tag-personal-injury-lawsuits","tag-settlement-negotiations","tag-talking-to-plaintiffs","tag-what-contingency-means"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t