Re: Proof of Chemical Sensitivity in Mainstream Medical Rese
Posted by Kevin on 4/05/05
On 4/04/05, mary wrote:
> Play by their rules. Sue them all first and figure it out later.
But then your malpractice attorney would be guilty of the same bad acts as
your former class counsel.
Class action attorneys maintain time sheets and expense reports, much like
a defense counsel does with his/her corporate or insurance clients. When
class counsel submits a fee application, there is always a comparison to
the "johnson factors" or to the "lodestar method." To support the fee
application, they submit their time and expense reports. Now is your
opportunity to look into the billing practices.
If you are a class member, you will likely need to retain separate counsel,
or file motions in proper person, asking the court to perform or allow an
independent forensic audit. Class counsel will not assist you in
scrutinizing their bills. It could be tough to find a local attorney
willing to take on other local attorneys.
You may want to compare their time records in your case with the time
records from other class action cases in which the class counsel is
involved. You will probably see some attorneys billing 36 hours in a day.
Pay close attention to requests for reimbursement for faxes and copy
costs. Many times the court allows up to 2$ per page on faxes, and the sky
is the limit on copy costs. This is literally a profit center for many
class counsel. Get advice from the state bar association or office of
disciplinary counsel on possible ethics violations by attorneys making a
profit on out-of-pocket expenses charged to class members.
There's plenty of room for abuse, and it's there to be found if you know
where to look.
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