Why You Shouldn’t Rely On A Lawyer Who Tells You Your Case Is Worth Millions

I went to two other lawyers before coming to you. Each of them told me my case was worth millions. Why aren’t you telling me the same thing?

A: Simple. What those lawyers did was tell you something they could never guarantee.

There is no way for them to know how much money they could obtain for you, especially before any case is started on your behalf. Even if I were to give you a number that I believe you are entitled to, it would be absolutely wrong. I could give you a wildly outrageous number or a very small number. Both would be wrong.

At the begining, there is so much information to obtain about your injuries, your medical records and how your injuries have affected you that it is impossible to tell you what your case is really worth at the outset.

It’s true that there are similar cases that we may know the value of, but remember, each case is different, and each case has different facts that can make it difficult to compare with yours.

The job of a good lawyer is to gather ALL of your information, and then formulate the chances and likelihood of success of your case. A lawyer who does that stands a much better chance of explaining to a client the approximate value of their case.

I’ll let you in on a little secret. I suspect that those other attorneys who told you your case was worth millions did so primarily to have you sign up with them as opposed to going to another attorney.

No matter what any lawyer says, it is impossible to guarantee such a result. If you don’t believe me, just ask the lawyer to put that promise in WRITING. See how quickly they backtrack when you ask them to do that!

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

5 August

Infringement Nightmare Morals To The Story

True Story:

A photographer recently settled for $275,000 with the Dallas Cowboys after the Cowboys used one of his pictures on clothing and other merchandise without permission. But after the settlement was reached, the Cowboys barred the photographer from ever working in Texas Stadium where the Cowboys play.

The photographer had given a digital file of a photograph to the Cowboys who considered it for use on season tickets. The Cowboys then bought only 250 copies to resell as prints to the public. Later, the Cowboys used the same image on clothing and other items, without getting permission from the photographer for the additional usage. The photographer had not registered his photo with the U.S. Copyright Office.

When the photographer discovered the infringements and inquired about it, the Cowboys offered him $1,000 in merchandise gift certificates. After trying to negotiate a settlement on his own for about a year, he hired a lawyer. Three years later, a settlement was reached.

Morals of the story:

-Many infringements come from uses beyond that agreed to. The infringements can come from uses on different products, for longer terms, in extra forms such as print or electronic, in other locations, etc.

-Watch your clients use of your work closely.

-Register your images with the U.S. Copyright Office before you give, or within three months of giving, them to a client.

-Even if you havent registered your photographs with the U.S. Copyright Office, you are entitled to actual damages from infringements. They can be hard to prove, but sometimes they can add up to substantial sums.

-While you may be a good negotiator, it can help to have a lawyer to give weight to your position.

-If you have to sue a client, you probably wont get work from that client again.

-Legal matters can take time; be patient for your rewards.

Take my advice; get professional help.

PhotoAttorney

Copyright 2005 Carolyn E. Wright All Rights Reserved PhotoAttorney

— ABOUT THE AUTHOR —

Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. Shes represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.

She wrote the book on photography law. 88 Secrets to the Law for Photographers, by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.

Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com

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1 November

Why You Shouldn’t Rely On A Lawyer Who Tells You Your Case Is Worth Millions

I went to two other lawyers before coming to you. Each of them told me my case was worth millions. Why aren’t you telling me the same thing?

A: Simple. What those lawyers did was tell you something they could never guarantee.

There is no way for them to know how much money they could obtain for you, especially before any case is started on your behalf. Even if I were to give you a number that I believe you are entitled to, it would be absolutely wrong. I could give you a wildly outrageous number or a very small number. Both would be wrong.

At the begining, there is so much information to obtain about your injuries, your medical records and how your injuries have affected you that it is impossible to tell you what your case is really worth at the outset.

It’s true that there are similar cases that we may know the value of, but remember, each case is different, and each case has different facts that can make it difficult to compare with yours.

The job of a good lawyer is to gather ALL of your information, and then formulate the chances and likelihood of success of your case. A lawyer who does that stands a much better chance of explaining to a client the approximate value of their case.

I’ll let you in on a little secret. I suspect that those other attorneys who told you your case was worth millions did so primarily to have you sign up with them as opposed to going to another attorney.

No matter what any lawyer says, it is impossible to guarantee such a result. If you don’t believe me, just ask the lawyer to put that promise in WRITING. See how quickly they backtrack when you ask them to do that!

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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1 October