It looks like my mold saga is coming to an end. We seriously considered finding an attorney to help us negotiate with our landlord. It was a frustrating process, but my eyes are definitely more open to the reality of what it’s like to work with an attorney.
Last month I was at a kindergarten graduation and I was talking to one of the moms. The topic of lawyers came up because she had been through a divorce. She said, “all they want to do is bill you.” I didn’t think much of it but after looking for representation of my own I realized she was right.
I Learned A Few Things About Lawyers And The Law This Week:
- The Purpose Of Tort Law
Tort law, according to Wikipedia, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act. Its purpose is to right a wrong that has been made and put that person who was harmed back as if they were whole again.
So if someone negligently drives under the influence and ran someone on the sidewalk over and then that person lost their legs, tort law tries to find a monetary amount that would be equivalent to losing your legs. In other words, how much are that man’s legs worth?
So even though we were exposed to mold in our apt, which could have dangerous health effects on us and our 2 month old baby, the fact that we weren’t dead or dying didn’t give us much of a case.
- Lawyers Aren’t Going To Do All The Work.
I don’t know why I have this image in my mind of lawyers wanting to jump at the opportunity of righting some injustice, but that’s not even close to how they work.
They don’t want to have to prove you have a case. YOU have to go to them and prove that you have a case under the law. That means you have to do a bit of digging on what laws apply to your issue.
From there you might get a consultation and if the attorney feels you have a good enough case, then he’ll take you on and start the process of the lawsuit.
- It’s All About The Benjamins
Even if you have a case, that still doesn’t mean you have a case worth taking on. Because attorneys need to get paid one way or another. It’s going to be either hourly billing or contingency.
For contingency fees, they usually run 33% if you settle and 40% if it goes to trial. Zilch if the case doesn’t settle or win. So what they’re really looking for are cases that can settle or win.
For most attorneys, the question on their mind is, “If I take this case, how likely will it be to win and how much will I make.”
If they can’t make money off the case, they won’t take it.
- Personal Injury Attorneys
Our first attempt to resolve this was to find a personal injury attorney. And they are the worst. I could not get a hold of a single one of them. They all had these bulldog secretaries that just took information and messages. Whether the attorneys actually got the messages, we don’t know, but I never heard back from anyone.
I thought it was really ridiculous that they spent all this money on advertising, to bring clients in, but they couldn’t be bothered to meet with us or respond. I guess we just weren’t dead or dying enough to make a case that was worth the money.
- Find An Attorney That Specializes On What You Need.
At first it felt like we were taking shots in the dark. I would call personal injury attorney’s and ask, “Do you do mold litigation?” I didn’t have any referral attorneys that I could turn to. If someone said no, I would ask for a referral. It seems no one wants to give another attorney a referral.
None of the lawyers would help me so I had to rely on information from the legal secretaries. One straight out told me I would have to be severely injured for them to take me. Another referred me to the state bar association. The state bar can refer me for a $35 fee. Another secretary was more helpful and told me I would need a landlord/tenant attorney and to check AVVO.
AVVO is basically like the Yelp for attorneys, they sort by area and specialty and can help you find an attorney that has the experience you need. There are also a lot of reviews, so you can choose a top rated attorney.
- Be Prepared To Drop Your Case Before It Even Started.
“I’ve always found the legal system to be disappointing” That’s what my dad said when I told him I wanted to sue over the mold.
Well, he was right. After I finally found a landlord/tenant attorney to meet with me for a $150 consultation, we learned we wouldn’t recoup much in damages. Maybe one months rent.
The attorney was very knowledgeable but basically laid it out for us that to pursue this in court would cost more than we could get and that basically we need to negotiate with our landlord to fix the problem permanently or to allow us to break the lease. I felt a little jipped, of course I can negotiate with my landlord directly and they already told us we could break the lease. What we wanted were damages for the costs of moving and furniture!
Our search for an attorney was long and stressful. In the end we did get enough information to make an educated decision on what to do about our apartment. I honestly hope I never have to consult a lawyer again or use an attorney’s services. Because at the end of the day, getting injured from mold or anything isn’t worth a large settlement.
We learned a lot from our situation. In case you ever need legal advice, here are the questions you’ll need to ask:
- Have you ever dealt with cases like this before?
- What is your success rate
- What is your retainer?
- Do you work hourly or by contingency basis?
- How will you keep me in the loop about the progress of my case?
Good luck and thanks for reading!