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The office accepts representation through a signed written agreement. A draft for review is not for signature and does not mean the case has been accepted. Read the final version and clarify your rights, obligations, and costs before signing.
This guide summarizes the office’s contractual guidance for medical malpractice. Specific terms depend on the agreement, professional rules, and applicable court approvals.
No retainer; contingency fees
Accepted matters require no deposit or retainer for attorney fees. Upon recovery, contingency fees are governed by the agreement and applicable rules.
Without compensation, no contingency fees are charged. This does not make expert work or expenses free: clarify which expenditures you must pay and what happens without recovery.
Expenses and distribution
Experts, evaluations, reports, and specialized examinations are the clients’ responsibility under agreed terms. Filing, service, copies, delivery, transcripts, depositions, certifications, and investigation may add expenses.
The office may advance some smaller expenses subject to reimbursement. The agreement may require prior authorization for specified expenditures. Do not assume the office finances all litigation.
Following recovery, an itemized statement identifies the gross amount, attorney fees, reimbursable expenses, outstanding items, and net proceeds. Under the guidance, advanced expenses not paid during the case are deducted after attorney fees are calculated.
Multiple claimants and minors
Each claimant should understand their obligations and document their own harm. After a death, identifying who may claim and obtaining documents establishing that authority may be necessary. Relatives do not necessarily hold identical claims.
Joint representation may involve sharing case information among clients and their lawyer. An irreconcilable conflict may require withdrawal under applicable rules.
Distribution depends on the claims, agreement, settlements, and court orders. A settlement affecting minors’ rights may require additional proceedings and court approval.
Cooperation, communication, and technology
Report changes in contact details, medical condition, treatment, employment, and harm. Disclose unfavorable facts too and cooperate with records, sworn questions, depositions, and appearances.
Email or authorized written channels are preferred; calls are reserved for urgent or scheduled matters. The agreement may address digital storage, cloud services, and artificial-intelligence tools under attorney supervision; the attorney retains professional responsibility. Discuss scope before signing.
Ending representation and risks
A client may request termination, subject to court permission when applicable. The agreement may provide for hourly payment for work already performed, plus expenses. Ask about the applicable rate and conditions; do not assume an amount absent from your agreement.
The attorney may seek withdrawal for justified professional reasons such as breach, lack of cooperation or communication, or a conflict, under applicable rules and approval requirements.
Acceptance, filing, settlement, a favorable result, or an amount is not guaranteed. Expert opinions, records, defenses, and court decisions may change the assessment. Email fvizcarrondo@fjvtlaw.com with questions.
The answer for your situation depends on the facts and records. An inquiry does not suspend legal deadlines or guarantee that the office will accept the case.