Lawsuits – Who Pays the Lawyer?

Manny Jacobowitz


This article was submitted by Manny Jacobowitz, of Johnston Jacobowitz & Arnold, PC in Seattle

  It may be the most common misconception about lawsuits: who has to pay the lawyer?
  1. The loser
  2. Insurance
  3. You
  4. Mom?
Most people assume it's (1): If we get sued unfairly, the other guy will have to pay our legal fees at the end of the day.  Just like, if they hit your car, they pay for the repairs.  Right? Mostly, wrong.  In America, it’s (3): Each side pays their own lawyer.  (This may turn into (4). Whether to ask Mom for help is beyond the scope of this article). There are exceptions. For business lawsuits, the biggest exception is, a contract dispute if and only if your contract specifically requires loser-pays.  See my prior post about why to get contracts in writing.  And loser pays the fees if the claim is under $10,000.  There are also a few specific statutes that require the defendant to pay if he or she loses. For example, if your insurance company refused to cover a claim in bad faith, or if the winning party was harmed by a deceptive business practice.  Of course, under any exception, you still have to make payments until you win, and the other side may not have the money to pay at the end (especially if he sued over less than $10K).  Loser-pays provisions sound good, but don’t count on them. What about (b), insurance? Sure, CGL or D&O insurance can be a great help, if the claim is covered.  Most business to business disputes aren’t covered.  Neither, usually, are you covered when you sue someone.  You’re not covered if the court finds that you were worse than negligent, at which point the insurer might even sue you to get back its payments for your legal fees. Then too, sometimes, insurers deny a claim that should be covered—and then someone like me gets called in to defend the original case AND sue the insurance company. Lastly, people often ask me about contingency fees. That’s when the lawyer sort of goes into business with the client, putting his own money up to fund the lawsuit, and getting 40% of whatever they win.  For obvious reasons, lawyers only do this in big-money personal injury-type cases. Anyway, you’re still the one paying—if you win an award, it’s because the other side in some way owed it to you; the lawyer is getting 40% of your award. The moral of this story is: have a rainy day fund, you just might need it. This post is part of a series by a lawyer serving Washington's business community.  Disclaimer: I'm not your lawyer and this is not legal advice, every case is different. 
Posted in blog | Leave a comment

Welcome Seattle Success Coaching

My purpose is to help families with academics, logistics, and organization so that they are able to focus on what's important--enjoying life with their student. I'm passionate about making learning fun and have seen the growth of students when they are empowered to live independently capable lives. I create lasting change by working with families to provide structure and support to deliver a highly-rewarding experience. By using proven techniques and strategies, I can help students anticipate needs and reduce barriers--proactive rather than reactive. Together, we can make a real difference.
  • PARENTS - Maybe you are tired of fighting over homework; maybe you are exhausted trying to keep up with your kid's schedule; maybe the college process has you stressed out; maybe you want your child to have every opportunity for success, but are unsure how to get them there--whatever the reason, I'm here to help!
  • STUDENTS - Maybe you need help getting organized so you can improve your grades; maybe you need some concrete study skills so your test scores can make you more competitive; maybe you need a safe space to come talk about things that are happening at school and brainstorm solutions to problems; maybe you need to learn how to gain skills for independence (like finding a job or managing your money)--whatever the reason, I'm here for you! 206-696-3837

Posted in blog, Uncategorized | Leave a comment

Welcome Standard Bakery!

Standard Bakery is a bakery specializing in organic sourdough sandwich loaves, classic American treats, and traditionally made croissants. In 2014, owner Josh Grunig founded Pocket Bakery, a small weekly pop up in the Central District. Every Saturday, Josh would load in trays of cinnamon rolls, brownies, cookies, and sourdough loaves to Magpie, a sweet little gift shop on Union St. The pop up quickly gained loyal neighborhood customers, and demand grew for his products beyond the weekly pop up. Josh established Standard Bakery, and by the end of 2015 was wholesaling to multiple Seattle coffee shops and had a weekly stall at three farmers markets. In 2016, Josh got an opportunity to open his own wholesale kitchen in the Pinehurst neighborhood. We bake daily for the wholesale accounts, and in summer 2017 we will open our own bakery cafe in front of the wholesale kitchen. Our commitment is to make the most delicious food from the finest ingredients, sourcing from local, and sustainable growers and putting care and love into every product he makes. Every Saturday morning, Josh roams the University District Farmer’s Market with his two daughters Georgia and Goldie on the hunt for ingredients. We maintain relationships with multiple vendors to get top-quality seasonal produce when including Tonnemaker Farms & Rama Farms. Our commitment to seasonal produce is most evident with items like the pocket pies and fresh fruit danishes. Standard Bakery is excited to be part of the North Seattle community. We look forward to opening our doors to the community soon!

11752 15th Ave NE Seattle, WA 98125 415-385-1379

Posted in blog | Leave a comment

The Savoy at Lake City is Seattle’s newest 55+ apartment community. The Savoy is an age restricted community but not an income restricted community. The Savoy offers spacious one and two bedroom apartments each uniquely designed and with a washer/dryer in each apartment home. Resident can enjoy a bistro, community room, exercise room and a beautiful roof top deck where residents can garden and enjoy the outdoors. There will be activities and events to participate in, if residents so choose. There will be live in managers available to them 7 days a week. All utilities are included in the rent , even basic telephone, internet and expanded cable TV. There are no large entrance or community fees, or long term contracts. There is covered garage parking and we will also offer a van for outings. The Savoy is on a public bus line and close to local shopping, coffee shops and many beautiful outdoor parks in the area like Matthews Beach, Magnuson Park, the Burke Gilman Tail and many others to enjoy. The Savoy is close to 2 indoor pools - Meadowbrook and Helene Madison.  Lifelong recreation community centers are close by. We are centrally located, just minutes from downtown, the University district  and Northgate Mall. Lifetime Learning is only minutes away. Residents can enjoy a maintenance free lifestyle along with all of the other benefits and amenities  of an age restricted community. Call to visit them today and see what The Savoy has to offer. Karen Colangelo Marketing Director 206-482-8808 206-427-1037-cell  
Posted in blog | Leave a comment

December Foot Sense Newletter from Dr. Berg

foot and ankle center logos       ***Merry Christmas and Happy Chanukah!*** -How to protect your feet and ankle if you’re an outdoor enthusiast -Munch on delicious butternut squash latkes. -Mindful eating at the holidays. Click here!
Posted in blog | Leave a comment

Health Advisory: Mumps Vaccination and Infection Control

Thank you Marita from St. Anne Nursing and Rehab for this information on the recent Mumps outbreak in Seattle! Click here for details on Mumps and how to protect yourself and your family.
Posted in blog | Leave a comment

Feet on the Street – Episode 1

We stopped by chamber member St Anne Nursing and Rehabilitation Center in Seattle to talk to Administrator Marita Smith. She showed us their Omni VR setup (we tried it too!) and told us a little about herself and what it's like to work there. Check it out!
Posted in Feet on the Street | Leave a comment

Get Fit for Winter


Bart Hawkinson, Director

Winter is a great time to stay active. Skiing and snowboarding are obvious choices for fun in the snow, but snowshoeing, hiking or simply walking can be equally enjoyable. Whatever you choose, getting around in the winter requires increased strength and balance. You can improve your winter fitness with these three simple exercises.   Lunge Hold Put your right foot forward and bend both knees a few inches into a lunge. Try to hold for 10, 20 or even 30 seconds. Repeat with the other side. Perform 3 – 5 repetitions. Squat Place your feet shoulder width apart. Put your arms forward, bend your knees and drop your rear toward the floor. Stand back up and repeat until you feel some muscle fatigue in your thighs. Single Leg Balance Stand on one leg for 30 seconds, or as long as you can. Repeat with the other side. Do 3 -5 repetitions. For additional challenge, try place some objects on the floor and reach for them with one foot while you balance on the other. By working on these exercises at least 3 times a week, your strength, endurance, and balance will improve to help you get the most out of you winter activities. If you are unable to perform these exercises, have questions, or are experiencing pain which is preventing you enjoying your winter activities to the fullest, physical therapy can likely help. Enjoy the snow!  
Posted in blog | Leave a comment

New Cross Training Group!

Looking for a great way to stay in shape this winter? Fun, FREE, community-based North Lake cross training group. It's a great way to get out, be active, and socialize with fun people! Our workouts will be a blend of; 5k runs, stairs, speed circuits on the track, and plyometric workouts all starting with a dynamic warm-up. The group meets every Thursday at 7:15pm at Therapeutic Associates North Lake Physical Therapy. Don't miss our post-workout hangouts at our local brewery!" 2611 NE 125th St., Ste. 140 Seattle Therapeutic Associates North Lake Physical Therapy is the same organization that held Wednesday bike rides last summer!
Posted in blog | Leave a comment

Welcome Sherwin-Williams!

sherwin-williamsFor nearly 150 years, Sherwin-Williams has been an industry leader in the development of technologically advanced paint and coatings. As the nation's largest specialty retailer of paint and painting supplies, Sherwin-Williams is dedicated to supporting both do-it-yourselfers and painting professionals with exceptional and exclusive products, resources to make confident color selections and expert, personalized service at its more than 4,000 neighborhood stores across North America. Sherwin-Williams has been ranked "Highest in Customer Satisfaction among Paint Retailers, Three Years in a Row" in the J.D. Power 2015 Paint Satisfaction StudySM. For more information, visit Join Sherwin-Williams on Facebook, Twitter, Pinterest, Instagram and Tumbler.

Ribbon Cutting 1PM October 29, 2017

13318 Lake City Way NE 206.417.4502    
Posted in blog | Leave a comment