• Skip to content
  • Skip to primary sidebar
  • Skip to footer

Rob Henry

  • About
  • Business Litigation
  • Personal Injury
  • Contact
  • 📱 Call (817) 877-3303
You are here: Home / Rob Henry’s Fort Worth Attorney Blog – Personal Injury & Business Stories

Rob Henry’s Fort Worth Attorney Blog – Personal Injury & Business Stories

June 16, 2017 By Rob Henry

Contingency Fees and Retainers (How Does Rob Get Paid?)

One of the first questions I get when speaking with someone new is, “How much does it cost?”. I’ll take some time to go over how attorney payment typically works.

There are two main ways attorneys can structure payment for their services: contingency fee or retainer based pricing.

Contingency Fees

A contingency fee is different from an hourly agreement. In a contingency fee, the client never has to pay the attorney anything. The client will never write the attorney a check. The attorney on a contingency fee is paid through the gross amount of the recovery that is obtained.

In other words, the attorney will only receive any money when they are successful. Typically, the contingency fee agreement is if the case is settled without having to file a lawsuit, the attorney would receive one third, plus the cost he’s had to front in pursuing that litigation, things like court cost, deposition fees, expert fees. Attorneys taking cases on contingency fee do go out of pocket for these costs at a risk. This is why you will often see attorneys

The client never has to pay out of pocket and the rate is very straightforward. Typically, the percentage rate increases to 40% if a lawsuit does have to be filed.

Retainers

Retainer based pricing, which is typical in business litigation, is when the client will put up an agreed dollar amount as a retainer, and the funds will go into a client trust account, and it’ll be in there when they need to use it. Typically, a retainer is going to be for a couple thousand dollars.

For my clients that operate on a retainer basis, I  bill them an hourly rate for my services and give them an invoice each month. At the end of that month, the client has the option to either pay the invoice, or I can take it out of the retainer.

If I take it out of the retainer, that’s fine, no big deal. But once the retainer gets to be zero, the client needs to replenish the retainer or I have to withdraw as counsel.

The good thing about my retainer agreement is the retainers are refundable. You might have seen other firms where the retainer is just used as a down payment, and that’s something I will never do.

Whatever money is left over in the client’s trust account after the case, the client gets it back. Sometimes, it ends up being that they’ll put up the retainer and only end up spending about half that.

What I typically do

I am open to doing  either way for any type of case. Typically for personal injury cases, insurance disputes, and things of that nature, the client would prefer to do it on a contingency fee basis.

In most of my business litigation cases, the client would typically prefer to setup a retainer and pay by the hour.

There are hybrids of both of these payment models that I am open to doing with clients based on their unique situation. My focus is on working with my clients to figuring out which way works the best for them.

Filed Under: Stories

June 8, 2017 By Rob Henry

What if Rob Isn’t the Right Attorney for Me?

Folks who know me will tell you that I am a straight shooter. I want my clients to have the same advice I would give my friends and family.

First and foremost, the best attorneys want to help provide clients and potential clients with the best service and legal representation they can. Sometimes that means declining cases.  I am no exception.

If your case is something that I wouldn’t be truly the best fit for, I will always try to make a specific recommendation for another attorney in the area. This is possible in many cases. Other times, I may refer you to some outside resources.

Tarrant County Legal Referral Service

The Tarrant County Legal Referral Service is a legal referral service through the Tarrant County bar. A number of lawyers are connected with it in a number of different areas. The bar organization here in Tarrant County runs it, and they do a really great job. Like I said, it’s a great network of lawyers, and I’m happy to get you in touch with them.

LegalLine

Sometimes people are just looking to be pointed in the right direction. In these cases, the LegalLine is a great option.

LegalLine is a program through the Tarrant County Bar Association where local attorneys volunteer their time to offer free advice to Tarrant County residents. LegalLine takes place on the 2nd and 4th Thursday of every month from 6 p.m. to 8 p.m.

Tarrant County Law Library

One final resource here in town is the Tarrant County Law Library. It’s located on the fourth floor of the old downtown courthouse, and it’s got some great resources if you find yourself in a bind and just want to get a basic overview of the legal issues facing you.

In closing

My goal is always to be honest and help people obtain the best legal representation possible. When that representation isn’t me, I am committed to provide resources to help you find a lawyer who is a great fit and experienced in the subject matter of your case.

Filed Under: Stories

May 31, 2017 By Rob Henry

What I Tell My Family & Friends to Look for When Hiring a Personal Injury Attorney

If a family or friend of mine is injured and has asked me what they should look for in hiring an attorney, I would say number one thing is you want somebody you can work with. A big part of that is choosing somebody you trust.

What to Look for When Hiring a Personal Injury Attorney in Fort Worth

The thing about it is that you have to let them work for you. You have to go on with your life, you have to go to the doctor, get treated and get better. Or if it’s something unfortunately to where you can only get to a certain level and it’s something you’re going to have to live with, you’re going to have to learn how to get used to that.

The big thing with lots of lawyers, some of them say they’re the “guerilla lawyer” and they’re going to fight for every dime. I think that’s just nonsense.

So, the most important thing is trust. You have to trust to let them work for you. You want somebody who’s loyal to you, somebody who’s going to take you seriously. The big thing with lots of lawyers, some of them say they’re the guerilla lawyer and they’re going to fight for every dime. I think that’s just nonsense. I don’t think that that type of thinking and attitude gets you anywhere. I think that that does more harm than good. I think particularly in this area, you want an attorney who’s going to be civil and who’s going to look for a compromise and try to find the best solution for that person.

So, you want somebody who you think can work well with others- work with the defense attorney and work with an adjustor to try to get you the best deal possible. In my experience, the best way to do that has always been just through negotiation, good faith, and compromise.

Those are the things. You want trust, you want somebody you find to have good character, somebody you think is loyal, somebody who’s not just looking at your case like it’s just some file, just some potential money for them and their pocket, somebody who’s going to treat you like a human being. I think that’s the big thing, and I think that’s what separates a great lawyer from an average or not good lawyer.

Filed Under: Stories

May 24, 2017 By Bethany Handy

Best Restaurants for Out of Town Attorneys to Visit While in Fort Worth

Attorneys from out of town are always asking me what are the best places to visit when they are in Fort Worth. There are so many great places in this town that I am always kind of stumped when they ask so I put together this list.

Best Restaurant to Visit from Out of Town

  • Joe T Garcia’s- If you have to visit one place in town, I’d honestly say that this is it. The atmosphere on the patio is one of kind and the food is really good as well.
  • Reata- If you aren’t in the mood for Mexican food then I’d say Reata is a close second. The rooftop is really great. As far as food goes the chicken fried steak is great and at lunch they have great sandwiches.
  • Chimys- Great relaxed atmosphere. Lots of people don’t realize but their burgers are really good.
  • Railhead- Arguably the best BBQ in the city. I would recommend the fried turkey. The service is great.
  • Freds- Two locations one off of W 7th and one off of Blue Bonnet Circle by TCU. Great old school taste. I would recommend getting it on Texas Toast. Also both locations have great live entertainment at night.
  • Buffalo Bros- Great pizza, sandwiches, and wings. Also a really great place to watch a game.
  • Bearded Lady- Great selection of micro brews. Also burger was named in Texas Monthly as one of the best in the state.
  • Cattlemens- If you are wanting to check out the stockyards this is a great place to go. Great steaks and calf fries.
  • Angelos- Great BBQ and cold schooners.
  • Reservoir- Great service and great food. Best TV Setup in town for games.

Are you hungry yet? Let me know the best restaurant in your city in the comments below. I am always looking for new places to try.

Filed Under: Stories

May 17, 2017 By Bethany Handy

Responsible Third Parties | Proportionate Responsibility in the State of Texas

The 2011 amendments to the Texas Responsible third party law, while probably well intentioned have created a situation that is clearly at odds with the original intent of the responsible third party statute. Originally the idea behind the statute was to allow defendants the opportunity to have the jury apportion fault to parties who could not be made a party to the lawsuit. Usually these were instances where either the responsible third party could not be located or the Court lacked jurisdiction over the party. Also there are times when a party’s whereabouts are known and the Court has jurisdiction over the party, but there is very little incentive for the Defendant to bring that party in as a co party. These would be situations where the party is essentially judgment proof because the party lacks financial resources or insurance.

Over the years, the responsible third parties have morphed into essentially an unrepresented defendant that is effectively an empty chair for the defendant to point the finger. This is especially a problem when a Defendant designates a responsible third party after the applicable statute of limitations has run. Prior to 2011, if a Defendant designated a responsible third party after the Statute of Limitations had run, the Plaintiff was allowed to bring suit against that party so long as he did so within thirty days of the designation. “Under this scenario, all culpable parties were before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility,” thereby achieving “a carefully constructed scheme balancing the interests of both defendants and claimants.”

In 2011, the Texas Supreme Court ruled that the statute of limitations laws in Texas trumped the plaintiff’s ability to join a time barred responsible third party. The Court was deeply divided on the issue. The dissenting justices noted the strategic advantages that a Defendant gains by designating a responsible third party for purpose of shifting liability. If a plaintiff is not allowed to join a time barred responsible third party, it is forced to prove the liability of the defendant while simultaneously defending against an empty chair. This would disrupt the balance that the original responsible third party law had sought to maintain.

After the Court’s ruling, the legislature sought to address this issue and implemented a system that allows a for Defendants to designate responsible third party after the statute of limitations, so long as it has complied with its obligations to timely disclose that person as a responsible third party under the TRCP. The Texas Rules of Civil Procedure require that a Defendant must respond to a request from the Plaintiff to disclose the names of all possible responsible third party. Once the Plaintiff has sent the request and the Defendant has responded, the Defendant is under a duty to timely supplement these responses.

Although the new amendment may seem fair to everyone on its face, from a practical perspective it has made the situation worse. Defendants aren’t required to elaborate as to why the party is a possible responsible third party. Thus a wise Defendant will always disclose as many possible responsible third party as possible even if it has no evidence or reason to believe that the party has any culpability. Plaintiff is then put in a binned when the statute is about to run and it must decide whether or not to bring suit against the party listed as possible responsible third party or risk Defendant designated the responsible third party after the statute has run and risk having to defend an empty chair.

For instance, let’s say that a property owner hires a contractor to build an office building. The contractor hires an architect, structural engineer, electrician, a plumber, mechanical engineer, a roofer, and a framer. The building is complete and almost immediately upon taking position the owner notices that there is problems with leaks. The owner continual tries to repair the building and but after about a year and half there is a significant leak in the building that causes significant damage. The owner conducts an independent investigation and after about a month of due diligence the owner determines that the contractor, the plumber, and one of the other subcontractors are at fault and the owner brings suit. In this hypothetical let’s say that the owner filed suit about 22 months after the owner took possession. In construction defect cases like these the statute of limitations isn’t always so clear. Under this scenario it is possible that the statute of limitations begins to run when the owner took possession of the building.

The Contractor names all of the subcontractors as possible responsible third parties. But does not provide a reason. The owner can’t figure out what the other contractors possibly did wrong, so the owner declines to bring them into the suit. Three months later, the contractor designates all of the subcontractors as responsible third parties. Now the Plaintiff has too show liability against the Defendants but also must defend against the empty chair of the responsible third party.

Let’s say on the other hand that the Plaintiff decides to bring them into the litigation, even though he believes that the contractor and the other defendants are truly the culpable parties. Although this scenario is probably better for the Owner, there are obviously problems with expanding the scope of the litigation like this is the exact opposite of what the responsible third party were intended.

Filed Under: Stories Tagged With: Business Litigation

May 10, 2017 By Rob Henry

What I Often Tell People Who Have Been Recently Injured

When someone has been injured and they contact us, the first thing they always need to understand and the first thing I always tell them is – this just depends on where they are on their treatment – you need to do what your doctors tell you to do. We’re not going to come in and try to recommend treatment. We’re not doctors. We don’t have any authority to recommend medical treatment.

The most important thing is to do what your doctor says.

That’s what I always say when we have the first initial contact. People are often confused, and I think sometimes clients get frustrated because they feel like even though sometimes it’s only been a couple of days or even weeks weeks since the incident happened, they’ve been living it and they feel like this has been going on for an eternity.

We have to sit down with them and say, “Look, right now, you’re in the beginning stages of this. This is going to be an ordeal. Right now, what you have to do is to do what your doctor says and what they’re recommending. Do what you need to get better. We’re going to handle everything.”

You can’t go in just initially guns blazing, so to speak, when the accident has just happened because we don’t know how hurt you are or what your treatment is going to be. Once the client has reached a point with their treatment where they’re either better, or unfortunately sometimes as good as they’re going to get and they have future treatment recommendations. That’s typically when we can start the process.

So, the number one thing is to just always do what your doctor says. Do your treatment, try to get better. Then once you get to a point where we can pursue litigation, we will. That’s what somebody needs to understand.

Trust is always the big thing. I get that, they’re coming in and they’re hurt, they’re stressed out, they’re missing work, and that’s the big deal that we as attorneys have to do, is let our client know that we’re going to handle this. They need to live their life and get better. Just let us handle it. That’s why they’ve hired us.

So, always do what the doctor says, and then just let us handle the legal stuff. That’s always our course of action, and that’s always in our initial interview, what we’ll tell you. I can’t imagine an instance where I would give different advice than that.

Filed Under: Stories Tagged With: Personal Injury

  • « Previous Page
  • Page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
  • Next Page »

Primary Sidebar

Featured Post

Personal Injuries: Assessing Damages

  You’ve been in an accident, and you were hurt. What’s next? The biggest question here is: were you hurt badly enough to ask for damages? In this article, we’ll discuss how to judge that. Medical Bills In every case, you should start with medical bills. This is the biggest indicator of whether you might want to look at damages. In Texas, computing those medical bills is interesting. … read more >>> about Personal Injuries: Assessing Damages

Personal Injury

Medical bills begin to pile up when you are seriously injured. This page is designed to help you evaluate your options for hiring a personal injury attorney. On This Page: Introduction to Personal Injury Frequently Seen Personal Injury Claims 18 Wheeler Collisions Premises Liability Car Accidents Catastrophic and Traumatic Brain Injury Wrongful Death Next … read more >>> about Personal Injury

Business Litigation

Get in touch with Rob Henry today for a free consultation. 675 N. Henderson St. Ste. 300 Fort Worth, Texas Call (817) 877-3303 Message me on: Facebook or Chat here on the site. … read more >>> about Contact Page

Footer

About Rob Henry

Hey! I'm Rob. I am a Personal Injury/Civil Trial Attorney based in the Dallas/Fort Worth Metroplex area. Specifically Fort Worth. I … Read More ... about Fort Worth’s Hometown Attorney

Address

675 N. Henderson St. Ste. 300
Fort Worth, Texas
Call (817) 877-3303
Message me on: Facebook or Chat here on the site.
Read my blog here.

Contact Rob Now

Get in touch with Rob Henry today for a free consultation. 675 N. Henderson St. Ste. 300 Fort Worth, Texas Call (817) … Click Here ... about Contact Page

  • Medical Malpractice
  • Business Litigation
  • Personal Injury

Copyright © 2022 · Powered by ConnectEngine · Log in