posted
I guess I'm worried the whole legal fees and court costs and everything. I mean, all I want is them to pay the medical bills, but if it costs a ton to get that, then I'd need enough to pay the legal bills, too. That's makes it enough that my idea for the Minimum Lawyer Package probably isn't going to work. Seriously, this would be so much cheaper for the insurance company to simply not ignore me.
posted
kat, I think the second firm sounds considerably stronger. However, the VERY hefty fees in advance -- all court costs PLUS a $2900 retainer -- have me worried.
Have you CALLED your uncle? Some people simply ignore E-mail.
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posted
Yes. In the last two months, I've called three times and left three messages. No response.
---
I'm worried about that, too. I mean, that's about half the medical bills. And she doesn't say anything about the insurance company paying that.
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posted
Write both back, ask for all of the information that the second one gave you that the first one didn't and vice versa. With the second ask about covering court costs from the settlement.
I suspect why the lawsuit actually needs to be filed is because, clearly nasty-grams aren't going to do the job if it has been three years. Both of them did give you the same time being of essence thing so it does look like time is critical.
posted
I can also see requiring fees in advance simply because it is an international thing and they only know you from one e-mail and don't want you to flake on them. However paying in advance also allows for more of a possible scam. So I don't know which one I'd go with.
posted
I guess you will also need to give a few more details to the first people to get the fee estimate. But I would at the same time tell them that you are considering two firms and more full pricing information on their part will help with the choice. The amount you need to pay up front being a greatly deciding factor.
posted
I also wonder if the Herr Doktor, is more established with his practice than the other woman, just from the tone of the letters and the assurance that they are good enough that they can get the insurance company to pay the legal costs.
Still don't know which one I'd choose though. I'm mulling.
posted
I figured out why I like the first one better, despite the lower amount of details in it.
1. It isn't addressed to Mr. Pilkington 2. He isn't specific about the fees, but he does say it will depend on the amount being sought. That makes sense. 3. I agree with Banna that the slightly casual attitude is either a sign of sloppiness or sheer confidence.
I looked up the firms. Here's how they compare.
I
quote:Statement of Practice: Maritime, Admiralty, Transport, Commercial, Company, Corporation, Tax, Unfair Competition, Insurance, Bank and Administration Law. General Practice, EEC Law, Real Estate. Notary's Office. Trademarks, Copyrights, Designs, IT Law. Litigation.
Year Established: 2001
Firm Profile: Boggle Quidditch and Squeak's Munich Office was established in 2001. It covers all areas of commercial law with special emphasis on transport, labour law, information and technology and competition law.
Firm Size: 26
Languages: German, English, French, Spanish and Portuguese.
Dr. Grayer Howell III (Member) born 1959; admitted, 1988. Education: Universities of Bochum, Geneva and Munich. Member: German-French Lawyers Association. Languages: English, French, Italian. Practice Areas: Labour Law; Company Law; Wills; Successions; Competition Law.
Statement of Practice: Copyright, Intellectual and Industrial Property, Media and Entertainment, Financing (Media, Construction and Real Estate), Banking, Unfair Competition and Antitrust, Corporate, Labour, Mergers and Acquisitions, Trademarks, Securities, Privatization and Restitution (East Germany), International Investment and Trade Matters, International Contracts, Arbitration and Litigation, Company Law, Commercial Law, Internet Law, Publishing Law, Real Estate, Construction Law, Building Law.
Firm Profile: Our activities are centered on corporate and commercial law. In the foreground: advising domestic and foreign companies active in the media field, more particularly as regards films, television and publishing, entertainment, broadcasting, internet and telecommunications, as well as in the building and real-estate, banking, insurance, aviation, mechanical engineering, plant engineering and furniture industries. We advise private clients on matters of inheritance and family law.
Firm Size: 58
Elizabeth Catherine Stuart (Associate) admitted, 1996, Germany. Practice Areas: Civil Law.
Hmm....the first looks like a newer firm but a more experienced lawyer.
posted
I wouldn't go with either firm. They both state that their primary focus is in commercial and corporate law (which is what I have mostly done). Try to find one that has more expertise in personal injury, etc.
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posted
Go to martindale.com . You can search by both location and area of practice, as well as many other criteria. I've only ever used it for U.S. firms, but it has international listings. On a casual search for personal injury attorneys or firms in Germany I got twelve hits.
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posted
I like #1 even better now. Plus while they may specialize in corporate, they do have "insurance" listed as one of their specialties. He also seems more reasonable speaking to a private person, than the other one, which seems like it is discussing a corporate contract.
I know they may not be likely to do it but you could ask for a referral if it isn't in their general specialty areas.
AJ (And how could you dislike someone with the name Quidditch?)
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posted
mack, your proposal is on my list of reading once I get off work. (I've been doing crazed shifts, and I haven't been able to focus on anything remotely serious before today.)
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posted
My dad said he would, but that was a long time ago, and nothing's happened. He never said anything.
I did call my aunt (the guy's sister and my dad's brother-in-law), and my uncle-in-law told her the same thing he's told me (So embarassed, Get right on it), but still nothing happened.
*frustrated* I know I'm capable of taking care of myself, but it's a good thing, right?
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posted
Well I think you need to do something with the statue of limitations looming. Maybe you could call the uncle-in-law again and say that the statute of limitations is running out?
But I think you should look at U ofUs links and send out a couple more e-mails. You can't depend on other people, particularly family in a lot of cases to look out for your rear.
posted
Woohoo! Okay, with that link and LawGuy's link, I'm sending out another dozen or so more e-mails. Hopefully will get an answer tomorrow.
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posted
And, although I AM a lawyer, and sorely distressed, nay, wounded, by your comments about my profession, I also hope you are never hit with a truck. But if you are, I hope you have the good fortune to come across a very good lawyer to champion your cause. Because you can be darn sure the other side will have them.
posted
Sorry if I offended you by going with the stereotype, but hey, I wanted to be a lawyer when I was in 1st grade, and many people have told me I'd be great at it, I just can't seem to shut up until I clear my point. v.v But I grew up and now I want to be an animator in Japan..now THATS a paradox...
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posted
Kat, I was sure you had replaced the law firm names with random words. I don't think either of those really exists. Reminds me of that spam someone posted this morning.
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Okay, I got two responses from the round of e-mails sent yesterday. Once again, I like the first one better. Maybe because that's not the one that freaked me out by mentioning $300 an hour to even look at anything.
III
quote:Dear Mrs. Pilkington
thanking for your request I first have to point out that it is necessary for me to look at the police report and the refusing statement given by the drivers insurance at least to give a rough opinion on the results of possible actions.
According to our law there is a strict liability for the car driver and his insurer as long as the accident was not unavoidable for the driver. So it depends on the circumstances whether it is recommendable to go to court in case the insurer can not be brought to change his mind.
To check the police or the probably existing court file I do need a power of attorney with your signature in original which I can prepare for you of course. So it could accelerate the matter if you could give me the essantial papers mentioned in yuor e.mail by fax.
Thereafter i will tell you as soon as possible how the chances are and describe the cost risk.
Be advised that there is a time bar restriction of 3 years to be obeyed, starting with the accidend and interrupted /delayed during the diskussion with the insurer until his refusion at the latest.
Waiting for your answer I remain with best regards,
Albus Van Arcadia
IV
quote:Dear Mrs. Piklington,
Thank you for your inquiry. Of course we are able to help you in this matter. At first you should know that your claims will be time barred 3 years after the accident. After becoming time barred your claim will not be enforceable anymore. That means that we have to start our work immediately. My hourly rate is EURO 240 plus VAT. Further details you will find in the enclosed draft of the fee agreement.
If you agree please send us your address and all documents you mentioned in your mail. We fill in the details in our agreement and sent it back to you including an advance note of fees. After signing the agreement and paying the advance note of fees, we will start our work.
Yours sincerely
RA. Epexegetic
Both of them got the marital status wrong, but that could be a cultural thing so I'm ignoring it.
Here's how their backgrounds stack up:
III
quote:Albus Van Arcadia Practice Areas: Advertising and Marketing; Criminal Law; Labour and Employment; Medical Malpractice; Tenancy Law; Personal Injury; Property
Admitted: 1979, Hamburg
Education: University of Hamburg
Member: Hamburg Bar Association.
Biography: Author: "Vertraglicher Abschluß des Versorgungsausgleiches."
Languages: German and English
Anyone have any idea what that book he wrote is? Plus, good firm web site. Nice looking, but with an English version, and it was possible to skip the annoying intro.
IV
quote:RA Epexegetic Practice Areas: Personal Injury; Product Liability; Professional Liability; Transportation; Insurance Law
Admitted: 1993, Germany
Education: University of Bonn
Languages: German and English Note: I went to his web site. Beautiful. Lovely. Great colors, beautiful Flash opening sequence, and nice navigation. No search, no English version, and everything is in Flash and you can't highlight and copy anything. I'm irritated as a Usability tech. Somehow, I'm not surprised they are concerned about the money foremost.
I'm a bit concerned that there is doubt as to the veracity of the Firm names. It's a different country - there are some cultural differences, I'm sure. I'm chalking the names up to that. I promise not to giggle on the phone.
posted
Albus seems like the best one so far. He speaks to the specifics of your case. It looks like he specializes in asserting individual rights -- it seemed like most of the lawyers that came up on the martindale search I did were corporate types who were offering their services to companies.
And I like that he's an established, local lawyer [went to Univ., practices and is part of the local bar association] -- seems like he has the right size of firm for your case.
How close is Hamburg to where your accident happened?
I can't translate the book title. The words are too technical for my limited German.
EDIT: It was just the final word that was giving me trouble. The book seems to be about divorce cases -- specifically how to get fair retirement benefits for one of the parties when a couple divorces.
posted
I'm not sure where Hamburg is in Germany. The accident took place a couple hours from Munich, twenty minutes by bus from the Austrian border.
I like Albus, too. I just wrote back and sent him all the files I have. Bob bless copy machines that can scan, create PDF files from hard copies, and then e-mail them to me.
Albus does seem more established and somehow having less to prove, which I'm good with. It's an appeal to my own prejudices that his firm, Democritus Laudat Aquinus, has a good web site. Based on experiences with programmers, usable web sites means the creators are thinking about the customer. Pretty but useless web sites means the creators are thinking about themselves.
posted
I used to hate all lawyers. Today, I love at least one of them.
I can't give details, (pending case and all that) but the person who needed the lawyer is a witness, not a defendant or complainant, and yet the witness was being shall we say, intimidated by the defendant who is a very large, very rich, very powerful entity. The lawyer that I love is representing the interests of the witness and has already done much to help out and is doing it all for the fee of $1.00.
It was, however, payable in advance. So, he's still a bloodthirsty shark - just a cheap one.
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posted
Come on, Belle, you know you love me, too. I'm just as good a guy as that other attorney, and I'm much better looking.
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posted
U of Law Guy you might be better looking - I wouldn't know I've never seen this lawyer - BUT, are you a former assistant state attorney general with enough political clout and experience to be able to make a phone call and say "STOP" and people do it?
posted
Where are you from law Guy? I guess I can only compensate for offending you by actually getting to know a lawyer...see what they're really lke.
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Belle, sorry, no clout at all. I'm what they call a "baby lawyer." Practically at the bottom of the totem pole.
A of D, you didn't offend me. Any attorney thin-skinned enough to get upset at every lawyer joke wouldn't last long. I was being facetious. And, to answer your question, I'm in Las Vegas.
Posts: 1652 | Registered: Aug 2003
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posted
I wrote to Albus and sent him a pdf copy of all the paperwork that I had. What I didn't have was a copy of the letter of refusal from the insurance company, but I gave the name of the woman in Germany who has that. It looks like something is happening. He's going to talk to her immediately and then give me a sizeup of the story.
I really like this guy. He wants to look at the case and files before telling me what my chances are and how much it will cost, which is much, much better than the "Give me a kajillion dollars to look at your file" people. Yay!
Posts: 26077 | Registered: Mar 2000
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posted
Update. Albus is talking to the lady in Germany who was helping me before, and she is looking for the letter from the insurance company refusing to pay. He'll get back to me when she gets that to him.
He's been very professional and not condescending. This is great.
I also have a confession. *hangs head in shame* It seemed like such a boring, unpleasant, yet necessary thread that I felt I had to do something to make it mildly amusing. I'm afraid all names contained herein are made up. I'm sticking with Albus, though. He's getting more Dumbledorian with every e-mail.
Sorry about that. *shuffles feet* You were right, Law Guy. I didn't really think anyone actually believed it until I was talking about Albus last night and someone was so delighted he and Dumbledore had the same name.
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Seriously, this would be so much cheaper for the insurance company to simply not ignore me.
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