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Attorney Fees: Out of Line?


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I've been a pro se plaintiff against a CA for FCRA and FDCPA violations. Thanks to this board and her wonderful constituents, I've gained a wealth of knowledge.

However, I am feeling overwhealmed right now and am being "lawyerd" to death. So I sent out letters to several attorneys looking to represent me.

One respondent attorney wanted a $1,500 retainer and 35% of whatever is won at trial. I thought attorneys who took FCRA and FDCPA claims worked on a contingency or were paid their fees by the loser, as outlined in both laws.

Is this normal?

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Haven't come across any that charge a retainer and a percentage to boot. Usually it's the crowd that charges by the hour with a retainer up front and then petitions the court for recompense after the suit...or the guys who charge nothing, but take a large chunk at the end.

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A $1500 retainer is not out of line for what you need. But you can make a deal that says the attorney will apply for attorneys fees and if teh court awards them, it will be deducted from the $1500. See if your lawyer will take a lesser retainer, say $750. Or if you simply want advice and someone to look over your shoulder but not do the work, try an hourly approach with an agreement that you will hold the attorney harmless ( to a lot of lawyers, pro se litigants are a malpractice/grievance problem waiting to happen).

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Hey biddy

I just sent out emails to Attys in the area. I think I want to move on Cavalry, but want some assistance. LMAO Cavalry has an office off of Mingo and I think 47th. I'd seen it before, but I thought "nahhhhhhhh Can't be the same!" Looked on ACA and it IS!

I think we could swap info and help each other out since we are both in the same area.

what'da think?

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Or if you simply want advice and someone to look over your shoulder but not do the work, try an hourly approach with an agreement that you will hold the attorney harmless ( to a lot of lawyers, pro se litigants are a malpractice/grievance problem waiting to happen).
I referred a friend to a NACA lawyer in my area, suggesting the same thing you just suggested. Figured as long as the lawyer was getting his hourly rate just to answer questions, it was easy money for him. He responded via voicemail through his admin that he wasn't interested.
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I referred a friend to a NACA lawyer in my area, suggesting the same thing you just suggested. Figured as long as the lawyer was getting his hourly rate just to answer questions, it was easy money for him. He responded via voicemail through his admin that he wasn't interested.

NACA now has hundreds of lawyers. Some are busier than others. My advice would be to keep trying.

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NACA now has hundreds of lawyers. Some are busier than others. My advice would be to keep trying.
Very limited number here in Michigan, though, that list FDCPA and FCRA experience. This guy was referred to as the "top FDCPA and FCRA lawyer" in eastern Michigan. I've given my friend a few other names, but not expecting a lot.
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  • 3 weeks later...

I hired a lawyer to take my first case. I found him (in Dallas) from NACA. His deal is $200 for the first consulation, and if he takes the case you pay all court costs and the like. His hours are 'free.' You have to put $1,000 down for him to start. Win or lose you get the remainder back.

If you settle he takes 20-40% of the amount on a sliding scale of when they settled (20% at the start, 40% if right before trial.)

If you win in court he takes his fees from the defendant.

I wrote the second CA complaint myself and my lawyer liked it so much he took without me having to put more money down.

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