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THE CONTINGENT FEE –LEVELING THE PLAYING FIELD

 

 

Our tort system in the United States allows persons injured by the   negligence  of  others to seek redress for the economic and emotional harm done to them .

The concept of insurance spreads the risk among all holders of insurance in order to   provide   compensation for those injured. Most folks would find it difficult to afford an experienced   attorney at an hourly rate of $300-$400 per hour to   provide counsel , evaluate  the claim ,conduct an investigation ,sort through  the maze of   insurance regulations and finally negotiate or file suit on a claim .  

It   is often difficult to know the extent of the injury right after the incident Paying an hourly fee could result in the injured party paying more to his attorney than he could collect in   damages .

          The solution to getting legal representation without having to advance fees is the Contingent Fee. Under this arrangement fees are only paid when a case is resolved .At that time the attorney receives a percentage of the settlement ,  under an agreement entered  into at the outset of the representation .

          In this way the injured party can deal with  an insurance   company on equal footing   and does not  risk paying legal fees without getting anything in return.

Aside

TRAUMATIC BRAIN…

TRAUMATIC BRAIN INJURY

You have had a motor vehicle accident. Upon impact you struck your head on the steering wheel or were violently whipped about . Or perhaps you have fallen and struck your head on a hard surface. You may have lost consciousness or not. Now   your experiencing dizziness, headaches,   nausea, lack of motor coordination, lightheadedness, blurred vision ringing in the ears and changes in sleep patterns.   . You may have suffered a mild brain injury .You should immediately consult with your physician .  He or she may refer you to a neurologist for an examination and testing such as a CT Scan or an MRI. It   is important you seek emergency treatment immediately.   

Lawyers and Judges

In a recent Editorial the Eagle Tribune proclaimed “Lawyers should not be appointing Judges”. The Editorial was a response to an adverse decision by the Department of Industrial Accidents in favor of a former Lawrence Department of Public Works Supervisor Andrea Traficanti . The controversy centered around Judge John Preston’s Decision and his relationship with Traficanti’s Attorney Michael Torrisi.

First and foremost it should be noted that it is the Governor who appoints Judges with the advice and consent of the Executive Council. Torrisi’s role in the process was as a member of a 13 member review panel established by Executive Order and consisting of the Governor’s Chief Legal Counsel, the Director of Labor and Workforce Development, the Judge of the DIA and eight members to be appointed by the Governor, one of whom shall be a health care provider, one of whom shall be an attorney who does not practice workers’ compensation law, one of whom shall be an attorney who presents claimants in workers’ compensation matters, one of whom shall be an attorney who represents employers or insurers in workers’ compensation matters, two of whom shall be representatives of business and two of whom shall be the representatives of Read more…

Ralph Barbagallo Jr. Concludes his term as Rockingham County Bar Association President

The Rockingham County Bar Association has held its Annual Meeting and Spring Dinner . Guest speaker Chief Justice John T. Broderick spoke of the efforts of the Court to be more consumer friendly. He urged members of the Bar to embrace technological changes and not to resist them . He told of the Court’s efforts to seek input from the public at large to improve the administration of the system. Finally he urged lawyers to get involved and not to hesitate to suggest improvement in the system.
Richard Uchida President of the New Hampshire Bar Association spoke about the importance of County Bar Associations.
Board Member Paul Pudloski gave an entertaining history of the Loyal Order OF The Rock .Two new members were inducted Paul Mc Eachern from Portsmouth and Ralph Stein of Salem.
In his year in Review Report President Ralph A Barbagallo Jr. outlined this years accomplishments including [1] Presenting the first ever CLE sponsored by the Rockingham Read more…

New Office

We have opened an office to serve our clients in the New Hampshire seacoast area. It is located at the Offices of Holmes and Ells at 47 Winnicunnet Road, Hampton, NH (2 doors down from the Galley Hatch restaurant).

What to do in case of an Accident

  1. STOP YOUR CAR – Never leave the scene of an accident in which you or your car were involved. No matter how slight the collision, if you fail to stop, you may leave yourself open to criminal prosecution even though the accident was not your fault. Stop your car as soon as possible without further endangering any person or property and without blocking traffic.
  2. GET AID FOR THE INJURED – If any one has been hurt, call 911 and ask for an ambulance. Do not attempt first aid unless you are qualified to give it. You may make matters worse instead of better.
  3. CALL THE POLICE – Call 911 for the police even if there are no injuries. The police are trained to handle any situation that may arise after an accident. Even if you Read more…

Voir Dire

Introduction

“Whatever happened to good old-fashioned personal responsibility? We’ve now become a society of victims in search of a scapegoat to sue whenever anything goes wrong…”

This attitude is very common in America and very common in our juries. A national survey has confirmed that most Americans, 92 percent, believe that frivolous lawsuits are common. 2 This country was founded on the principle of a fair judicial system; an unbiased jury is needed in order to have a fair trial.

In order to prevent juror bias an effective voir dire system is needed. There are three methods for conducting the voir dire process. The first method is the Federal Method, in which the judge has complete control over the questioning of potential jurors and has ultimate discretion whether to allow attorneys to ask certain questions. In the second method the attorney controls the questioning and the judge monitors. And in the third method the judge conducts the initial questioning and then the attorneys conduct the rest of the questioning. 3

Read more…