How do I contact a lawyer about potentially being their client?

November 12, 2016 4:30 AM

How do I locate a lawyer to take a robocall case on contingency? Not looking for legal advice, just advice on how to contact a lawyer/what to write/send them in the initial contact.

Very quick background:
I finally figured out which company has been calling my cellphone listed on the federal DNC list without my permission. I have complete records of multiple TCPA violations from them saved and have tried to resolve this personally with them before considering a lawyer. After I attempted this I was rebuffed by their lawyer with a fairly weak scare off letter.

Specific questions:
The company is spread across multiple states (FL and PA) and I'm in OH, this seems to be a confounding factor for me since any judgement in a small claims court in Ohio, they could just ignore. I've seen a few lawyer's sites that claim to be "national" is this something I'd need in a potential lawyer?

How should I word my initial contact with a lawyer and what should I include to make them likely to want to take my case on?

Are there any "unknown unknowns" that I'm missing here? Any general advice on people to contact?

Throwaway contact is: [e-mail]

posted by anonymous to Law & Government (6 answers total)

Lawyers take cases on contingency when the settlements are large enough to offset the ones they don't win. Exactly how much do you think you can win on a robo call case? I don't think 1/3 of a few hundred or even a few thousand dollars even comes close to interesting any competent lawyer.

You are wasting your time on this.
posted by COD at 5:21 AM on November 12, 2016 [3 favorites]

You will probably be able to find a lawyer willing to meet with you for an hour as a paid consultation. If that is worth, say, $300 to you, go for it. It will not accomplish anything, however, so file a complaint with the FTC and move on with your life.
posted by deadweightloss at 6:00 AM on November 12, 2016

I'm a lawyer. Here's what you do: Google lawyers who handle TCPA violations. Call a few and see what they say and if you like any of them. Scan the letter so you can email it to them if they want. It's really that easy.
posted by lockestockbarrel at 6:17 AM on November 12, 2016 [5 favorites]

The real money in TCPA cases is in class actions. Is this company likely to be doing this systematically? That might get you more attention from TCPA plaintiffs' counsel. If this is a one-off (even with multiple violations), the available damages are not likely to cover the costs of litigation.
posted by devinemissk at 6:30 AM on November 12, 2016 [4 favorites]

There are a few big TCPA plaintiff's firms that file big class actions. Max Margulis is one, another is Brian Wanca. They are in the Midwest but file lawsuits nationally. You can google them and see if you like either and try calling their officers.

The damages that an individual plaintiff can receive are not huge - something like $500 or $1500 per violation. Depending on the number of violations, this may or may not be worth your time and energy or the time and energy of a lawyer. In a class action, the class can receive millions of dollars, but the individual class members only get a small share.

Sometimes the problem in these cases is that the defendants are "judgment proof" - they are often criminal enterprises that don't have any money that is easy to seize, even if you win a case against them.
posted by Mid at 11:05 AM on November 12, 2016

Here is a site with a ton of TCPA lawyers on it.
posted by Mid at 11:10 AM on November 12, 2016