MGoLaw question - Anderson settlement

Submitted by bluebygod on May 15th, 2020 at 10:48 AM

I spoke with an attorney handling cases and read a few past articles.  Previously, UM wanted to settle with victims in 'April'.  The attorney is now saying before football season.  

Q:  If I sign up with the attorney he gets 1/3 of  any settlement.  If UM wants to settle, should I not hire an attorney?  

xtramelanin

May 15th, 2020 at 11:30 AM ^

i think you would have to reveal way more personal and case details than would be appropriate for anyone to give you a good read on your question. 

highlow

May 16th, 2020 at 5:00 PM ^

In my legal market, that's not how contingencies work. The lawyer gets nothing if you lose, otherwise they get whatever % of your payout + all of their expenses. Calculations of expenses get, uh, tricky and there's lots of stories of scummy lawyers really stretching the bounds there.

The more interesting situation these days is litigation finance, but I doubt that's applicable here. 

Go Blue in MN

May 15th, 2020 at 12:14 PM ^

You made comments on this board in January questioning whether or not there were "survivors."  Now you want to bring a claim?  Comments on social media are discoverable, you know.

Go Blue in MN

May 15th, 2020 at 1:49 PM ^

You're right -- my apologies.  Sorry for what you went through and I hope you obtain good representation and are treated fairly.  As sad as it is to say, it certainly seems like people at the university were or should have been on notice of what Anderson was doing. 

The Maize Halo

May 15th, 2020 at 12:21 PM ^

I'm guessing the school is settling with those who have threatened suit / filed suit and part of the desire to settle is the pressure of the individuals being represented by attorneys. That, and there is way too much wild shit that could happen, no matter how much the school might be looking to get everything settled swiftly to look as though they are taking the high road in a case such as this with optics such as these.  Always get the lawyer.

highlow

May 15th, 2020 at 1:14 PM ^

You should absolutely retain a lawyer.

You have no idea how to value your situation. (Can you tell me what torts were committed against you? The elements of those torts? What statutory actions you have? How MI vicarious liability works? How much similar cases have settled for with your level of evidence/experience?)  An effective plaintiffs' lawyer will know how much your situation (claims, evidence, etc) is worth. You also, very likely, are not as good at negotiating as a professional negotiator (which most plaintiffs' lawyers are) and are unaware of how to use the legal process, media, etc to press the value of your legal claims.

Stories abound of people taking deals without consulting a lawyer because they think the deal is the best they possibly could've gotten, when in reality they walked away from much, much more $ because they did not understand what was going on. 

You also will have to sign a settlement agreement. That's going to be a substantial and complex legal document that impacts your rights in ways you will not fully understand as a layperson. That alone should be enough reason for you to retain an attorney. Additionally, the settlement process is often iterative: M will likely give you their "dream" settlement agreement -- why negotiate against yourself? -- but be willing to sign something far better for you if you propose it. You won't know what to negotiate for or how hard you can push, either.

You should shop around for a plaintiffs' lawyer you feel comfortable with. It may be reasonable to expect a lower contingency fee because M seems very willing to settle and perhaps discovery doesn't need to be taken -- so recovery is more certain and less work needs to be done. 

Anecdotally (living outside MI, familiar with my local legal market), there are no good plaintiffs' lawyers who charge hourly fees. Top lawyers can bill $800+ an hour to corporate clients/the extremely rich, Michael Medical Malpractice can't afford that kind of retainer -- contingency fees are the only way to compensate great lawyers enough to get them interested in plaintiff-side work.

highlow

May 15th, 2020 at 2:49 PM ^

It seems like from your top post you are talking to one attorney. I highly recommend speaking to multiple attorneys before deciding who to retain. 

Ultimately, choosing an attorney is sort of like choosing a doctor: a layperson has little-to-no ability to evaluate them, beyond tossing out the most obviously bad attorneys. 

The tools you might use to choose an attorney on your own, unfortunately, aren't worth much. Yelp, etc, reviews are obviously not representative and people are often unhappy with outstanding representation if they feel the $ on the table is insufficient, even if they got an amazing settlement. (Reviews are outcome-based, not process-based, from what I have seen.) Attorney rating websites are hit-and-miss at best, and rumors of improprieties abound. They are also often simply incomplete: the fact that someone isn't AV on Martindale Hubbell, to me, isn't a sign of much one way or the other. Similarly, good firms have bad lawyers and (though much less often) bad firms have good lawyers. In the plaintiffs' world, quality and volume of advertising has no relationship to the quality of the firm: just because they're on TV or have billboards doesn't mean they're a bad  (or good!) firm. Finally, your local bar association's referral service (if it is anything like mine) will simply connect you to a firm that has told the bar association it is interested in your kind of case--not a reflection of quality. 

Instead, you should check their experience:

1.) Do they have >5 years of experience with this kind of work in SE MI? (Suing large institutions, suing for abuse, etc?) Practical experience is key; knowing how local judges rule, how defense counsel is likely to act, etc, is just as valuable as broader experience.

2.) Does that kind of work occupy at least 33% of their time? (This is to see how specialized they are.)

I would not hire an attorney who did not match either of these qualifications. Note that at many plaintiff firms there is a partner who is on TV, has their name on the firm, probably will be meeting with you, etc -- but there is an associate who is doing the vast majority of the work on your case. You want to ask these questions about the associate(s) handling your case.

After that, it is about trust and compatibility. Will you feel okay having hired this person? You will have to take them at their word on their valuation of your claim (this is a big part of why you should shop around: if someone gives you a wildly off-consensus valuation, think twice about them), if a particular settlement offer is good/bad, your negotiating strategy, etc. Choosing someone you trust who you think will care about your case and you as a human being will substantially improve your experience. (Contingency agreements greatly help to reduce the conflict of interest between you and your attorney.) 

The attitude of your attorney is also important. Some attorneys are very touchy-feely, others are not. Which do you want? Do you want someone who wants your input on everything or do you want someone who makes all the decisions and tells you how it's going to go? Do you want someone who will resolve this quickly, completely, quietly, and with minimal fuss? Do you want a bulldog who will get you the absolute biggest check possible, even if it takes time and gets ugly? Do you want something else from M (an apology? official recognition? paid-for counseling? a new program to protect M athletes? something else altogether?) in addition to or in lieu of cash? Some attorneys are very much into crafting "bespoke" dispute resolutions, others are not. A mismatch in attitudes often ends poorly. 

Finally, some percent of lawyers are just assholes. Don't hire an asshole. Being an asshole does not make you a better litigator. If they treat you like shit, it's not a good sign.

Your best bet, in all honesty, is consulting a lawyer friend and asking them to get some recommendations for you. Note that if your buddy is a tax / corporate / regulatory lawyer, it's likely they won't know anyone particularly involved in plaintiffs' work, but it never hurts to ask and they would be the most likely person to be connected with someone who could give good recommendations. If you don't have one, ask friends to ask their friends. 

Best of luck to you.

Oregon Wolverine

May 16th, 2020 at 2:19 AM ^

Second that as an M-trained lawyer (not licensed in M) who has sued many governmental agencies and represented victims of abuse and harassment.

In addition to experience, find someone you like and feel like you can trust your most private thoughts and feelings, and who will listen to what you want.  

Too many lawyers are unlikeable assholes to their clients and don’t listen to what the client wants.  This is a delicate situation.  You deserve not just a competent lawyer, you need someone who cares about how you feel about the process and is willing to be responsive to more than just the $$. 

 

highlow

May 16th, 2020 at 5:07 PM ^

Will echo that many lawyers suck and you shouldn't hire someone who treats you like dogshit.

@OW: are you generally plaintiff-side or is this specific work your joint? thoughts on these 20-year actions? I have to imagine that the problems with statutes of limitations are substantial-to-insurmountable, are they? (let alone discovery, depos, etc -- the complexities of vicarious liability litigation when the employee is dead seem substantial) 

shoes

May 15th, 2020 at 3:54 PM ^

You might consider negotiating the contingency fee down to a lower percentage if the case is not required to go to trial, i.e a settlement is reached prior to trial, say 20-25 percent. This might be a case where a few core attorneys will be doing most of the heavy lifting on the cases which would have many elements in common with yours, and your attorney will only need to develop elements specific to your claim.

Good luck in any event.

FrankMurphy

May 15th, 2020 at 5:20 PM ^

I'm sorry for what you went through.

Hire an attorney and follow his/her advice. Don't try to go it alone. Be discerning and hire an attorney you're comfortable with who is experienced in these types of matters, but definitely hire an attorney. It's worth it. These kinds of things are too complex to navigate on your own.

Go Blue in MN

May 15th, 2020 at 5:45 PM ^

In addition to the other advice above, you may also want to scour the internet to identify attorneys who are already suing the university over Anderson's abuse.  They may need less time to get up to speed on your case and thus might be more willing to cut you a deal.  I am not saying that you need to hire someone who is handling other cases against the university; just that it's something to think about.  The other caveats people mentioned also apply.  

FrankMurphy

May 16th, 2020 at 3:07 PM ^

In addition to the other advice above, you may also want to scour the internet to identify attorneys who are already suing the university over Anderson's abuse.
Judging by how many ads I see in my Facebook feed for attorneys who are seeking out Anderson victims and/or trying to build a class action case against the University (which I see probably because of all the Michigan-related content I post), those kinds of attorneys shouldn't be too hard to find.

Blue_by_U

May 15th, 2020 at 8:14 PM ^

With the utmost respect and sincere input...I'd say do what YOU need to do for some sort of closure. If that means hiring a team of lawyers and reaching whatever the courts deem appropriate, you settle, walk away with some dignity and closure. 

If that means going without representation, it was never about compensation, just making the situation whole...you have that option. Personally nobody else, no other victim understands what YOU went through or what you carry...good luck and I hope you find peace your way.