NEED HELP FINDING BEST ATTORNEY

[pauldo]

I have a Hyundai that is several years old and has been in the repair shop 3 times for engine problems - I have been told I have a pretty good case under Magnuson Moss Warranty Act. I have received info. from several law firms - Kimmel & Silverman, Gorberg, and Lemberg. Kimmel & Silverman and Gorberg have a fee agreement that could lead to hourly charges that would come out of any settlement, leaving me with a possibility of almost no return if costs are high. Lemberg works on contingency. I understand that I will NOT owe anything should I lose, however if the case goes on and requires a lot of time, I am afraid that I could be left with virtually no recovery depending on expenses. Any advice or recommendations based on prior experience appreciated. Thanks

[KC405]

The only thing I know about the firms you metioned is that they are litigation mills that use a lot of flashy & extravagant advertising. Whether they would really fight for you & take your case to trial I don't know. I don't know what tpye of warranty you were given but in some cases you can get an expedited Lemon Law prceeding in an administrative hearing in NJ. This would provide fast relief to you but some of these Lemon law firms don't go this route because their fees will be low. They would rather file a lawsuit in Superior Court which will increase their fees but will make you wait longer for relief.

Every retainer agreement is negotiable and you should request that the agreement reflect your recovery will not be completely devoured by attorneys fees.

If you could scan the retainer agreement and attach it to this post I may be able to suggest some simple amendments to it that would protect you. If you have the retainer in electronic form (in an email) you could also easily attach it to this post.

[pauldo]

Hi KC405:

Thank you for your reply. I was wondering if you could just give a few clauses that would apply to ANY case under the MAGNUSON MOSS WARRANTY ACT. Also, do you know who you would use - not necessarily one of them - if you in my situation.
Thank you very much. I

If anyone else has any ideas I would really appreciate them.

[KC405]

Well, first of all there many be many other laws that apply to your situation. There is a body of laws called the Uniform Commercial Code that is very detailed and may be applicable to your situation. Take a look at http://www.newjerseylemonlawinfo.com

You may also be able to sue under the New Jersey Consumer Fraud Act.

The Magnuson Moss Act requires that Attorney's fees be paid by the defendant if your case is successful. Therefore, assuming the fees are reasonable, they should be reimbursed by defendant as a separate item of damages and should not cut into any other category of damages, i.e. compensatory damages.

It is diffucult for me to suggest a change to the retainer agreement without seeing it. But, I would suggest that you tell the lawyer that you want the retainer to reflect that Attorney's fees will be a separate category of damages and will not diminish any other element or category of damages.