Closing Argument

A trial lawyer's commentary on his practice, developments in the law, and occasionally, life in general.

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I hope you enjoy my blog. I am a trial attorney with offices at 100 West Monroe, Suite 1900, Chicago, Illinois. A large portion of my practice involves the representation of persons who have been injured due to auto accidents, work accidents or medical malpractice. In addition, I also also represent a select number of clients with business, commercial or employment disputes. If you wish to talk to me about a case, please contact me at my office, 312/346-3715 or email me at markploftus@aol.com

Sunday, January 18, 2004

Contact me at markploftus@aol.com

I am going back and forth deciding if I want to take on some matters for an old client. He runs a local repair facility. Not long ago he was sued by a client who was alleging that his garage didn't do certain repairs on her car and actually damaged it. The firm representing the plaintiff routinely files these cases, even though the actual damages are tiny[like they were in my case]. They take these cases because under the relevant statute, if they prevail, they can get attorney fees, and, in the appropriate circumstances, punitive damages. So they run up their fees and ask for punitive damages. So I agree to defend this guy and the case ultimately goes to trial. The plaintiff's attorney, although full of bluster did a pretty poor job. And his client was worse. She was just making things when she testified - and the jury knew it. They asked for some $80,000 in damages(mostly punitive). The jury returned a "not guilty" verdict for my client in 30 minutes. He is absolutely thrilled. Raves about me, what a great guy I am, what a great lawyer, etc., etc., etc. You get the picture. He is really happy. Only problem? Getting paid. That case has been over for well over a year now and I am still owed money. And I have handled a couple of matters for him in the interim and gotten good results. And again, slow pay. I had another case dismissed against him about 8 months ago and still haven't been paid. Now he's got a couple more things he wants me to handle. And I told him I had to be paid on the outstanding bills. He actually sounded taken aback that I was bitching about the bills. One of the new matters is tiny - but he wants to fight it on "principle". Famous last words. Loosely translated that means "You waste a bunch of time on this silly case, pursuant to my instructions, and then when I get your bill, I'll complain about it" or something like that. I genuinely like this guy, real salt of the earth type. But I don't see the wisdom in taking on new matters when he doesn't want to pay on the old cases. Against my better judgment I'll probably handle these other cases - and hope he finds his checkbook before I retire in 30 years or so.

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