Malpractice lawsuit process

What is the name of your state? CA

I have read that most of the medical malpractice lawsuits are on contingency basis - where if there is favorable judgment, the lawyer gets paid as percentage of settlement after other legal cost.

We recently talked with a lawyer regarding a potential medical malpractice lawsuit - he is asking that we first spend $3K for initial consultant with a medical expert (of his choice) - if the expert advise is favorable, then he is willing to take the case. However when he does take the case, he says as per CA law, he is only advancing the cost towards other legal expenses - if we win, first the legal expenses are paid (excluding his fees), then he gets a percentage of settlement - balance we get paid (this part more or less sounds right). However, if we loose, legally he says we owe him the legal cost (other then his fee), we have to sign to this fact in the initial agreement - though he does mention verbally that normally this is not collected by the law firm if the judgment is unfavorable. Is this normal?

Also, is the request for us to pay the initial medical expert fee normal too?

Its just that we do not have too much free cash flow - and though both (us and lawyer) believes there is merit in the case, we do not want to get into something that has a potential of making our life worse.

Thanks in advance for your advise.

Dear Rubbersoul. The yellow pages are full of attorneys looking for business. Get more opinions. Call several. You might find one that could take your case on a contingency basis.They normally do so when they are confident they will win a big amount. Otherwise, interview several attorneys and work with the one that gives you the best feeling. In many instances there may be a good case but not so sure that they will take it on contingency basis. Discuss the fees. Remember. You are hiring him or her. You are the boss. They will collect thanks to your case. Hire one you feel good working with.But if none is willing to take it on a contingency basis and you feel confident the case is good, you have to take your chances and agree that they work for a living too. Just make sure you like whoever you hire and they at least show some simpathy. Good luck.