Diversified Consultants Lawsuit
The Effects of Diversified Consultants on Litigation
It is now common practice for lawyers to allow a “Diversified Consultants” clause to be written into their litigation forms. Essentially, these clauses to allow the lawyers to receive “Diversified Consultant” compensation, in the event that their party is injured while on the job. In essence, this means that a lawyer can accept settlement payments from a third party, even if that party is not under an employment agreement with the lawyer. Unfortunately, these clauses have caused many attorneys and judges to severely limit the damages that an injured plaintiff may recover in any given case.
This can often result in clients being awarded less than was actually deserved.
Additionally, this practice is extremely deceptive, as many attorneys do not inform their clients about the language contained in their legal contracts. While many companies are careful to follow all of the law, there are some loopholes that attorneys often take advantage of.
In order to prevent their clients from suffering financially, attorneys must first make sure that they are following all of the applicable laws.
In some cases, this is easy to do. For example, if a plaintiff has suffered a severe injury that requires reconstructive surgery, and that surgery is not covered by their Workers’ Compensation, then the court will often require that it is paid for by the employer.
However, in other cases, such as those where doctors are not involved in the treatment process, it can be more difficult for an attorney to determine whether or not “Diversified Consulting” should be awarded.
This is why it is important for attorneys to include the words “Diversified Consulting” throughout all documents related to their client’s case. Additionally, any expert witnesses that are called to testify in a lawsuit must also be listed as a “Diversified Consultant.” As you can see, this adds a new word to a litigator’s vocabulary. However, most attorneys feel that this practice is too intrusive for the case at hand, and so they attempt to limit its use.
Unfortunately, the courts tend to take a dim view of lawyers who try to limit the word “Diversified Consulting.” This is because such practices have been widely practiced throughout the United States for years, and there is no obvious national trend toward such a limitation. One New York attorney said of such a restriction, “The problem with limiting a word is that you’re limiting the definition.”
On the other hand, the courts have been even more harsh on attorneys who attempt to cut corners when preparing compensation claims.
The courts are especially keen on cutting out extraneous charges, such as malpractice insurance, or excessive costs for depositions. Additionally, it is usually very difficult for an attorney to prepare for a case if he or she does not have the entire case law library at their disposal. Lawyers will also struggle with the sheer volume of case law related paperwork. Some attorneys even say that they could not possibly try every possible case in their library, if they tried their brains out sitting in front of the computer.
Another reason why attorneys are so eager to limit the damages that diversified consultants are liable for is simply because it costs a lot of money to retain such an expensive professional.
Typically, diversified consultants charge anywhere from five hundred dollars to a thousand dollars per hour of legal work. Additionally, the litigation process involves a great deal of complex calculations and computer analyses. Lawyers who are preparing a lawsuit often spend a lot of time making these kinds of calculations, so they tend to lose a lot of money if they get sued for something they did not do.
Diversified consultants are only one part of the litigation process. It is important to keep in mind, however, that all attorneys are not expert trial lawyers. Trial lawyers are typically paid by the win, and the vast majority of trial lawyers make their living doing just that – winning large sums of money for their clients. Therefore, while it might be good for diversified consultants to limit their liability, it might actually cost them more in terms of future fees if they end up being found liable in a court case. So, be careful if you engage the services of a diversified legal team – don’t make any guarantees that you will win the lawsuit or receive anything.