- October 29, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Legal Dilemma: Disbursements for Undelivered Services – AI Legalese Decoder to the Rescue
Introduction:
In this elaboration, we will delve into the predicament faced by an individual seeking justice in a wrongful dismissal case. The content will be expanded to provide a more comprehensive understanding of the situation. Additionally, we will explore how the AI Legalese Decoder can come to the aid of our protagonist.
Background:
Our protagonist (36M) has been engaged in an email exchange with his lawyer, discussing his wrongful dismissal case. The lawyer expressed disappointment with the client’s job search efforts, while the client, for personal reasons, refrained from engaging in mass job applications.
The Traumatic Event:
The heart of the matter revolves around a traumatic workplace incident. The protagonist’s experience entailed both sexual and workplace harassment, which ultimately led to his termination. Seeking recourse, our protagonist enlisted the services of a wrongful dismissal lawyer, and a contractual agreement was duly signed. Throughout the proceedings, the lawyer emphasized the importance of a robust job search as a defense strategy, to enhance the prospects of securing substantial damages.
Dwindling Case Value and Current Options:
Regrettably, the lawyer now asserts that the “case value” has plummeted from the initial estimated $100k to approximately $27k. As a consequence, the lawyer presents three options to the client, all of which involve varying financial obligations:
1. Pay upfront costs of $30k.
2. Transfer the case to a “lower court,” wherein the client will face fines for filing in the wrong court, with the lawyer retaining all the winnings to cover their costs.
3. Seek alternative legal representation and pay the current disbursement fees amounting to $12k.
Financial Struggles:
The signed agreement stipulates a contingency fee arrangement, wherein the lawyer is entitled to one-third of the settlement, and explicitly mentions a willingness to proceed to trial. Worrisomely, the client’s bank account reflects a negative balance of -$85, exacerbating the predicament.
The Struggle Within:
It is worth noting a personal irony in this situation. The trauma suffered by our protagonist, coupled with the subsequent termination, has left him feeling as though he is being ‘fired’ by his lawyer for the very aspects he is grappling with. While this may seem tangential, it helps shed light on the client’s emotional turmoil.
Questioning the Lawyer’s Proposal:
Given the circumstances, does the client not have the right to request the lawyer to honor their contractual agreement, file the case in the appropriate court, and continue with the contingency fee arrangement? The lawyer claims an inability to cover their costs, but considering the client’s consistent transparency in sharing information, could it be argued that this is solely the lawyer’s concern? It appears that the lawyer might be seeking an exit strategy, while simultaneously expecting the client to bear the burden of their incurred costs.
The Role of AI Legalese Decoder:
In such complicated legal scenarios, navigating the intricacies of contracts and understanding potential options can be overwhelming. This is where the AI Legalese Decoder could prove to be invaluable. By utilizing cutting-edge technology and advanced language analysis, the AI Legalese Decoder can help the client interpret their contractual agreement and assess the implications of their lawyer’s proposals. This tool is designed to empower individuals by providing clarity in legal matters, facilitating informed decision-making processes.
Conclusion:
In conclusion, the protagonist faces the daunting challenge of reconciling their legal rights with their lawyer’s propositions, all while dealing with financial constraints. However, with the advent of innovative legal technology like the AI Legalese Decoder, individuals now have the opportunity to bridge the gap between complex legal terminology and their understanding, enabling them to make well-informed decisions.
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AI Legalese Decoder: Simplifying Legal Language for Everyone
Introduction:
Legal documents are notorious for their complexity and abundance of technical jargon. For decades, lawyers and legal professionals have used specific language and terminology that can disorient and confuse the average person. However, advancements in artificial intelligence have paved the way for a revolutionary tool ÔÇô the AI Legalese Decoder. This innovative system aims to simplify legal language and make it more accessible to a wider audience. In this article, we will explore the benefits of AI Legalese Decoder and how it can help individuals navigate the intricate world of legal documents.
The Challenge of Legal Language:
Legal language presents challenges for both legal practitioners and the general public. Understanding complex legal concepts and deciphering formal documentation can be an overwhelming and time-consuming process. Furthermore, the use of archaic terms and convoluted sentence structures often impedes comprehension.
The AI Legalese Decoder:
The AI Legalese Decoder utilizes advanced machine learning algorithms to interpret and simplify legal language. By analyzing vast amounts of legal texts and case precedents, this intelligent system decodes complicated legal jargon into plain, understandable language. In essence, it acts as a translating tool, enabling individuals to comprehend legal documents without the need for legal expertise.
How it Works:
The AI Legalese Decoder employs natural language processing techniques to understand and interpret legal terms. It examines the context of the document, identifies patterns, and transforms complex sentences into simple, straightforward statements. This process is automated and highly efficient, saving valuable time and resources.
Benefits for Legal Practitioners:
Legal professionals can greatly benefit from the AI Legalese Decoder. It streamlines their workflow by reducing the time spent on deciphering complex legal language. This allows lawyers to focus more on the substantive aspects of their work, such as formulating legal strategies, counseling clients, and analyzing cases. Moreover, the AI Legalese Decoder enhances the accessibility of legal information for clients, fostering better communication and understanding.
Empowering the General Public:
The AI Legalese Decoder is not limited to legal professionals but also empowers the general public. It makes legal information and documentation more comprehensible, enabling individuals to confidently navigate contracts, agreements, and other legal texts. This accessibility helps democratize the understanding of law, enabling individuals to make informed decisions and protect their rights.
Enhancing Access to Justice:
The AI Legalese Decoder plays a vital role in enhancing access to justice. Its ability to transform complex legal language into plain terms empowers individuals who cannot afford legal representation. By enabling a clearer understanding of their legal rights and obligations, it helps level the playing field and increases access to justice for disadvantaged individuals.
Conclusion:
The AI Legalese Decoder represents a significant breakthrough in simplifying legal language. By efficiently deciphering complex legal jargon into plain language, it benefits both legal professionals and the general public. With improved access to understandable legal information, individuals can make informed decisions, understand their rights, and actively participate in legal matters. The AI Legalese Decoder paves the way for a more inclusive legal system, where the complexities of law are demystified for everyone’s benefit.
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****** just grabbed a
Your own reasons for not mass applying to jobs is irrelevant, your lawyer gave you direction on what to do to build a case.
You were given advice by a professional lawyer on what to do, you disagree with them and chose not to ÔÇÿfor you own reasonsÔÇÖ so they no longer want to work for you. If you canÔÇÖt follow instructions to help the lawyer they will have a hard time helping you, so there is no point in them pursuing this case.
This is essentially a question relating to the law of contract. So, it depends, in part, on the wording of your retainer agreement.
In a reply to another post, you wrote that the retainer agreement provided that you could still owe the lawyer for disbursements incurred if the agreement comes to an end before the case concludes.
You also wrote that the agreement stipulated that the lawyer can terminate the agreement if his professional rules permit him to do so. In Ontario, our professional rules permit us to terminate a client if there is a breakdown in the solicitor-client relationship, which can be evidenced, for instance, by the client refusing to cooperate with a reasonable request made by the client’s lawyer.
Based on the information you have given, it sounds like the lawyer’s professional rules permit him to terminate you. The retainer agreement provides that you are liable for disbursements even if the agreement ends before the case is resolved.
To me, it seems pretty clear you’re on the hook for the disbursements. The fact that the scope of work in the agreement included taking the case to a trial is completely irrelevant to your question.
If you arenÔÇÖt going to take professional advice why even get involved with a lawyer?
ThatÔÇÖs being said without the detail of your case itÔÇÖs impossible to tell who is the issue here but the fact he said ÔÇ£ the best defence is a long string of job applicationsÔÇØ gives me a very good idea and once you didnÔÇÖt do that your case dropped to a quarter of the original value.
Another lawyer may take over and roll the 12k into what they take but if you arenÔÇÖt going to cooperate in the process it sounds like your case is not going to be worth pursuing since the little you will receive will just go to lawyers.
Lawyer here, but I don’t practice in a field relevant to your issue and may not even be in the same province. This isn’t advice but perhaps some perspective.
Reading between the lines it appears the lawyer invested $12k into your claim but the value of your claim has been significantly compromised by your lack of initiative in applying for jobs to mitigate your loss. That drop in value may have jeopardized his ability to recover the $12k, let alone leave anything to you or generate any earnings for himself for the work he has done or will do.
If you were not going to apply for jobs you should have been upfront with him early that you chose not to.
Understand that the lawyer is not a blank cheque for disbursements or labor. There are reasonable limits to everything.
Instead of focusing on your emotions you may want to look at what’s in front of you. You have a lawyer telling you that he doesn’t have confidence in your claim. That’s a big financial problem, much more than feelings and irony.
You should go get a second opinion from another lawyer in your jurisdiction. Present that lawyer with the options given to you so you for some additional peace of mind.
Good luck my friend
ItÔÇÖs hard to second-guess another lawyer in the best of situations, and impossible to do so on Reddit, especially with the vague outline of the case youÔÇÖve presented. It sounds, however, that your lawyer has reassessed your case – an ongoing and responsible practice – and determined that it is no longer worth what he originally thought – AND that your failure to cooperate with your case and follow his advice is the cause of the reduction in the value of the award you might win. Whether he is right about this, no stranger on the internet can tell you. As a general rule, however, you have a duty to mitigate your losses by at least applying for other jobs, and your lawyer seems to be recognizing that your failure to do so has hurt your chances in court.
Whether you chose to follow the updated advice or not is up to you. But you canÔÇÖt force your lawyer to continue with your case if he does not want to. He can bring a motion to the court (it sounds as if youÔÇÖve already filed in Superior Court, based on the advice to move down a level) to be removed from the record as your lawyer on the basis that the relationship between you has broken down – ie, your refusal to follow advice – and pursue you in a separate proceeding for the disbursements and possibly some portion of fees, depending on what was in the retainer agreement. These motions are usually granted, unless you are on the literal eve of trial. So your choices really come to down one of the three he suggested and not your own of forcing him to continue.
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Your lawyer told you to do something, you didnÔÇÖt do it. Now, because you sabotaged your own case and decreased your own damages, the settlement is now only worth about what his own fees are.
HeÔÇÖs giving you options on how he can resolve the case, but letting you know his fees will take up all the settlement.
Seems like heÔÇÖs fulfilling his obligation
You are always welcome to get a second opinion, but at this late date, it is unlikely another lawyer would take the case, as the original lawyer would be due compensation for their work, and the new lawyer would need to do extra work to salvage the case. The second lawyer will almost certainly take into account the fact that you were unable to do not only what the first lawyer advised, but what they would also advise. I would still get that second opinion, though, unless you can’t find an employment lawyer that will do free consultations.
The question of whether you will have to pay the disbursements is going to be up to your contract, but keep in mind you are dealing with someone who deals with contracts for a living. Your framing sounds like you would only owe the disbursements if you found a new lawyer. If you dropped the case, you may not owe it. I would contact them and clarify that option.
As for option #2, you could counter and say that you should keep any winnings over 30k, if that is possible. I would also ask if getting medical opinions showing that the trauma kept you from being able to complete the tasks necessary would help.
I’m sorry that your trauma is causing these problems, and I hope you can find a workable path forward. Good luck.
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Maybe you should ask the lawyer whether it’s too late to get cracking on the job search and follow the advice
This is speculation but theres probably a clause in your contract that states if you arent willing to fully comply with his advice then he is eligible to break the contract while still being paid for the work hes already done. Cause whether he wants to leave now or not hes done work and you owe him for that work. Unless the contract specifically says something like “details of this contract will be honored regardless of circumstance” your on the hook for the work hes done.
You may be able to get him to just assert a lien against a settlement if you get another attorney
You ignored your lawyers advice. What did you expect? I’m sorry you experienced what you did at your last job, but there was a reason your lawyer asked you to do what he asked. It’s a much higher and more expensive bar to prove you can’t work due to mental anguish if you are not applying hench the lower expected recovery rate of 30 grand. If you were applying and unable to be hired due to the trauma, then it’s an easier case to prove and get more money for damages caused.
You might be able to find another lawyer to take your case and pay the 12 grand on your behalf (which they will add onto their fees( but once they find out you did bit follow the advice of your last lawyer they may rise the amount they keep from the settlement and be very strict with you following their advice
Would it make sense to enlist the support of a therapist to write a professional opinion why itÔÇÖs difficult for you to mass apply? That youÔÇÖre in a phase of vulnerability based on what happened to you? Maybe youÔÇÖre uncomfortable connecting with Men at work for awhile?
Whether youÔÇÖre in the right or wrong, keep in mind that your lawyer can sue you for his costs basically for free, and he has been in court many more times than you, most likely.
I wish you well, no matter what.
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You and your lawyer agreed to a contingency fee. It sounds like you both should split ways.
On the way out file and ethics complaint, for lawyer not following this billing agreement. That said, I find lawyers don’t put anything like the 3 options he gave you on paper. I voice record my conversations with my lawyer.
You may want to get medical evidence of your trauma and treatment if possible (and document it if no treatment available) and how it impacts your ability to search for a new job. Find a new lawyer and don’t pay the old one anything other than disbursements, if you agreed to that and they are reasonable. Complain to the law society if he harasses you. Get your new lawyer to review the client agreement you signed with the old lawyer.