Example: Disability attorney in L.A. County
This lady volunteers her time at a church for people who want to apply for Social Security Disability or appeal their (denied) claim.
One of her clients has a documented mental illness + Fibromyalgia, but the severity would be hard to prove in a court system.
If this client wins disability, he has to pay her 25% of back pay benefits. The fee agreement is on a contingency basis.
However, IF the client loses, then it is no longer considered "contingency", it is considered "pro bono" work...Is this correct?
Is it true that lawyers are required by the bar to take a certain # of Pro Bono cases each year?
(Maybe this lady thinks some cases will be easy ones to fail at and easy to write off.) If she ends up winning all her cases she has no Pro Bono cases to document. Correct?
Apology for the numerous questions -- If you can answer even one it would be greatly appreciated. I do not understand how the legal system or Social Security process works so some of what I wrote here may be completely inaccurate.
The most pertinent question is: Do attorneys ever take a Disability case (or any case) they KNOW they will lose for the sake of a tax write-off?
Answer by ranger_co_1_75
Every state has its' own BAR. Every BAR sets it's own rules for the attorney's in that state.
Some BAR's require Pro Bono work, some don't.
If a case is taken on a win contingency, the only tax write off would be the court cost of filing the motions. Not really worth the effort just for a tax write off.
Most likely is the attorney wins enough time to make taking cases on win contingencies worth while.
Answer by TedEx
An attorney doesn;t have to take a case. He should simply tell the potenrtial client " you have no case.".
There is no reason why an attorney should, or would , take a case to lose money on .
To take on a case he knows he is going to lose accomplished nothing but raises false hopes for his client..
Answer by jaymes_07
Pro Bono work is not mandatory per the Bar, but is required by some firms.
And many lawyers take all sorts of cases pro bono, and for a fee, that they know they will probably lose. If the claim is frivolous and the attorney knows it, then they could be facing disbarment or other sanctions, however if the claim has some merits than the attorney is doing nothing wrong by taking the case.
Also, you're entire premise is implausible, as in a sense, all contingency cases begin as pro bono, the attorney only collects if he or she wins the case. And once again, pro bono work is NOT required.
Answer by Justmeinthisworld
not necessarily for teh tax write if--i ihave heard of MANY people who shouldn't have gotten it--who have even said they could work, or were only mildly disabled..people think they deserve disabillity for being blind in ONE eye, deaf in ONE ear, ADHD, dyslexia, 1 lower leg amputation, etc...and some do win...
so the lawyers will take the chance--for teh possibility of income
they are NOT required to take pro bono cases at all in my state----not in any type of law..i'm trying to get a lawyer for another issue--NONE will cases like mine on continegency r pro bono since they are not profitable enough for them
disability is a game--often its not about the severeity of the disability--but its about playing the games..i know people mor severely disabled than me--but i got ssdi on the 1st try---they needed to wait years
Answer by Artemis Gwen
You are incorrect. A pro bono case is one in which there is NO expectation of payment. Ever. The attorney donates her time to the case. (And no attorney takes on a personal injury case on a pro bono basis.)
A contingency fee case is one in which the attorney agrees to take the case in the hope of getting a good payday. If the attorney doesn't win a contingency fee case, that attorney simply made a poor business decision. S/he doesn't get any brownie points with anyone for this.
These are two completely different situations.
My state "encourages" licensed attorneys to donate a certain number of hours each year. It is not based on the case. It is based on the number of hours the attorney donates to the case.
Attorneys would violate the Rules of Professional Conduct if they took a case they knew they had no chance of winning. We are not permitted to waste the time of the court, our clients, or the opposing party by filing a frivolous lawsuit. When an attorney DOES file this kind of a case, s/he is subject to Rule 11 sanctions. (Which are sanctions (usually monetary) imposed directly against the lawyer. They would also likely be investigated by their bar association for violating the Rules of Professional Conduct and could be disciplined up to and including the loss of their law license.
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Orignal From: Do attorneys ever take a case they KNOW they will lose for the sake of a tax write-off?
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