Getting Paid

[Luliss35]

About 18 months ago, an attorney that I know asked if I would do some consulting work for her on a few personal injury cases that she had. We didn't have a written agreement. (I've since taken the LNC certification course and know the error in this). Anyway, I provided work products for her on 4 cases and I have yet to be paid. I've submitted invoices and the lawyer has said that the cases haven't been settled. She hasn't been paid and therefore, I can't be paid. Is there anything recourse for me other than taking her small claims court? It's been nearly 9 months since I submitted the first invoice.

[RiskManager]

In the absence of a written contract, or a verbal agreement that was witnessed by someone else, you are up the creek without a paddle in terms of your ability to sue and recover your fee, unless plaintiff counsel admits in court to agreeing to pay your invoices prior to settling the cases. In personal injury cases, it is very common for plaintiff counsel to defer payment as much as possible pending settling the cases, so your situation is not unique. This is why I always have plaintiff counsel pay in advance for depositions, record copies and the like. Even if you were to sue and get a judgment, having a judgment and collecting on it are two different things.

You could file a complaint with the State Bar Association, but that as well may not get much traction for the same reason cited above. I would probably chalk this up to experience and see if I get any eventual payment as the cases settle; especially if you ever hope to do similar work in the future for this attorney.

[Luliss35]

Thank you for responding. I have definitely learned from this experience and will never enter into another arrangement without haven't a written contract. I am still hopeful that the attorney will fulfill her end of the agreement since my efforts increased the proposed settlement amount by a substantial amount.

[lindarn]

You should also get a Retainer up front, before starting any work.

Lindarn, RN, BSN, CCRN

Somewhere in the PACNW

[Luliss35]

Is the retainer a standard amount that is charged upfront? And what is a reasonable amount to charge? Thanks.

[RiskManager]

Were I in your shoes, I would come up with a standard fee agreement/contract. This discusses such things as the status as an independent contractor, scope of work, confidentiality, ownership of intellectual property, timelines, hourly fees, retainer, payment of fees and retainer, indemnification and other pertinent clauses. An attorney local to you can draw one up for you, or samples of such agreements are readily available with a Google search. I use such an agreement for my risk management consulting.