The Costs of Litigation

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Today, I called defense counsel’s office to try for the fifth time to request a copy of my client’s deposition transcript. They refused. I fumed. In cases of clear liability, I still don’t understand why my clients have to pay certain costs to litigate. I routinely get refusals from defense counsel about providing transcripts, medical records, etc. Here’s what I see play out all the time:

Client gets hurt in a case of clear liability
Client pays to obtain medical records
Client pays filing fee
Client pays deposition costs
Client pays expert fees

Our firm fronts our clients’ costs, but they are deducted from the final amount after settlement or jury verdict. Sometimes these costs are extensive when defense counsel refuses to admit, for example, that an ambulance bill was reasonable and necessary after a crash broke a client’s arm.

Money has always been a sensitive subject for me. I grew up poor and was embarrassed by it. Everything I ever had was handed down, until I got my first job in high school and bought things with my own money. Going to McDonalds was a treat. Now, I’m “cheap,” but I’m proud of that. I value every dollar because I watched my family pick berries, sow backpacks, and mow lawns for a living.

So now I get very frustrated when my clients are forced to spend money that they should get to keep. Some of my clients stopped treatment because they couldn’t afford it. In some situations, it feels like defense counsel enjoys increasing costs for injured plaintiffs. It seems like a game. I hate seeing people taken advantage of. I hope this changes the longer I practice.