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    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.


    Posts on this thread, including this one

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