I read this attack on me from “Daniel” and am compelled to respond with the facts of this situation.
The vast majority of our valued clients are appreciative of our hard work and our dedication to their cases. As in every profession, there are always a few insecure and sour people who are convinced they are being ripped off, even when they are not. As such, the minute I read this I knew exactly who wrote it.
So let me respond to these charges made against me.
First of all, our contract is standard for a California trial lawyer. We work on a contingency basis, which means our clients put up no money until the case is resolved. If the case is not resolved to the client’s benefit, all he owes us is the actual costs of the case. In other words, trial lawyers working on contingency do not make money unless the client wins the case.
Most trial lawyers working on a contingency basis charge the standard fee of 33 1/3 prior to litigation. If the case must be taken into the court to get results, the standard fee is 40%.
As an aside, there is no legal or ethical prohibition regarding the terms of a contract. A contract, by definition, is freely entered into by both parties.
It is true that we were not able to immediately secure insurance information in this situation. Usually the clients come to us with this information.
In this case the client was a passenger in a vehicle in which the driver, whom he said he barely knew, was driving erratically and at speeds of over 100 mph. Apparently she caused the accident.
After the accident the only information the client obtained from the driver was her driver's license number, though he spent the weekend with her in Las Vegas.
Our repeated calls to the phone number went to voice mail. The driver never returned our calls. Through the services of an investigator, and some extra effort on our part, we eventually were able to secure the insurance information.
This young man emailed me constantly. I responded to his emails until they got out of hand and became, in my opinion, obsessive. I offered him the opportunity to change lawyers, which he eventually did.
Quite honestly, I was happy that he changed attorneys because his emails had become threatening. Here is a quote from his June 19, 2009 email:
“I’m a nice guy but not a total push over. I come from a rough neighborhood. People don’t have posh lofts near the beach but they have their word and their word is worth everything. And if you continue to take advantage of kids like me, eventually, one guy will wait until someone leaves that security gate to get his own.” [Emphasis added by me]
I have all his emails to prove the above facts.
I have spent more than 20 years helping people who have been wrongfully injured get justice. I am proud of the work I have done and the respect I have been accorded by both my clients and the legal community.
Thank you for the opportunity to tell my side of the story.
David Olan, Esq.