Frequently Asked Questions
When considering who to hire as your lawyer, here are some factors for consideration.
Your lawyer becomes you for speaking to the court, opposing lawyers, and the jury.
Is your lawyer honest, ethical, and yet really willing to fight for you?
The Texas Board of Legal Specialization certification is objective certification of a lawyer’s claims of experience.
Is your lawyer willing to work on a contingent fee?
That means they are only entitled to a fee if they succeed with your case.
If the lawyer accepts a contingent fee, is the fee calculated before or after deduction of case expenses?
Does the lawyer charge case expenses such as copies at the actual cost incurred, or do they use things like copies as an extra profit? Copies should cost 10 – 12 cents a page, or less for large volume copy jobs. If the lawyer is charging 25 cents or more, that should be a red flag that they are using “costs” as a hidden profit center. Our contracts clearly specify that cases costs are charged at the amount of charge actually incurred and you are provided an itemized statement of all costs.
How much do you charge?
In most cases, but not all, we charge 1/3 of the amount actually recovered after case expenses are deducted. Unlike some firms that have fees that escalate up to 50% of the recovery before expenses are deducted, our fee remains the same regardless of whether it goes to trial or appeal or how long we handle the case.
As an illustration only, here is an example of how a fee is calculated:
$100,000 total (gross) recovery
- $10,000 case expenses (court costs, depostions, records, doctors’ witness fees, etc.)
$90,000 after expense deduction
x 1/3 fee
=$60,000 net recovery to client after fees and expenses are deducted.
We cannot guarantee any particular outcome and these numbers are used just as an illustration. The amount of recovery in this case may be much greater or less than this amount. Case expenses will be reimbursed first before payment of either attorneys’ fees or client recovery. While we do not envision such an outcome, however, in the event of no recovery, you the client are not liable for any expenses.
Fees & How can I afford a board certified trial lawyer?
Big corporations and insurance companies pay their lawyers by the hour, hundreds of dollars an hour. Unsurprisingly, the hourly corporate defense lawyers drag cases out for months and years. The average time for a case from the day it is filed until it goes to trial is 12 – 18 months, but sometimes, a case can last for many years. Mr. Mundy has fought cases for clients for as long as nine years against long odds, but he never gave up, and ultimately prevailed. Mr. Mundy handled a case that went up on appeal twice, but he stood by the client year after year.
The corporate defense lawyers charge fees of hundreds of thousands, and sometimes millions of dollars even when the amount in controversy is far less. The average person, even wealthy individuals, are no match for the budgets corporations spend on their lawyers. The only way an individual can afford to hire an experienced lawyer for a substantial case is by finding a lawyer that is willing to work on a contingent fee.
When working on a contingent fee, the lawyer only is entitled to a fee if he or she wins the case for the client. Then they accept a portion of the recovery as their fee. If there is no recovery, the lawyer is not entitled to a fee.
Corporations continually are pushing to restrict the rights of the citizens they injure, maim, and take money from with defective products, deceptive business practices, or other wrongful conduct. Unsurprisingly, corporate defendants are continually lobbying politicians to ban contingent fees so they can deprive the average citizen of a lawyer.
WHY BRING A CASE?
Our parents teach us to accept responsibility when we break something or hurt someone and do what we can to make the situation right. However, today’s corporate executives frequently have very different morals. Only rarely will a company have a corporate policy of accepting responsibility when they harm a person. Much more often, corporations deny responsibility and will use their unlimited budgets and massive insurance policies to hire armies of corporate lawyers and accountants to fight those who they harm. They now pay their lawyers up to a $1,000/hour, and cry a shrill note to politicians to limit their financial responsibility to those they harm.
The financial toll of a significant injury or wrongful death can be just as devastating, and even contribute to, the emotional impact on a victim. When you have been injured or lost a loved one due to wrongful conduct, negligence or defective product of another person or company, you should consider having a lawyer on your side to seek financial reparations for the damage done to you. When you fail to pursue a case against those who have injured you or a family member, you effectively punish yourself. Financial compensation can very well save you from years of future deprivation, and it relieve the financial burden imposed on you and your family that you were forced to endure through no fault of your own.
You Can Help Others
Our justice system very rarely sends anyone to prison for injuring another through a defective product or wrongful conduct.
As imperfect as our legal system may be, where the wrongful conduct causes great harm, justice and accountability may only be had through imposing responsibility for monetary damages.
Imposing financial responsibility in one case can change conduct to the benefit of all in a community.
Some examples of positive changes caused by holding companies responsible and accountable for their actions include equipping cars with seatbelts and airbags, designing safer baby cribs which do not allow babies’ heads to become trapped in the slats, limiting the discharge of toxic materials into our air and water, and labeling of products to reveal potentially hazardous ingredients.
For those who are seriously injured by the wrongful conduct of another, bringing a case usually is the only way to hold the wrongdoer responsible and hopefully prevent the bad conduct in the future.
Citizens share a responsibility not just to seek compensation for themselves, but also seek justice and accountability for loved ones, our coworkers, and our community when harm and injustice occur.
Severely injured citizens endure the heavy burden of facing the reality of permanent impairment, limited ability to support themselves and their families, or the worst cases death.
Pursuing accountability and responsibility of the culpable person, product, or company helps relieve the financial burden on a family. Also less known is the fact that the recovery by the injured party goes to repay health insurance benefits expended in caring for the injured party. So, the culpable party bears the responsibility for medical care and financial support of the injured person rather than their own health insurance company.
Austin, Central Texas, and all Texas residents who have suffered because of a wrongful death, or significant injury due to negligence of another can contact The Mundy Firm to pursue justice and accountability for themselves and do their part in making our society better for all.
Your fight becomes our fight. We use all our skill and experience to pursue the justice and compensation you deserve.