Legal Question in Personal Injury in California

attorney fees for my accident

My lawyer's contract says he will charge me 1/3 of my settlement of bodily injury and property damage. My buddy says it is illegal to charge money off of the property damage. I am pretty pissed because my lawyer charged me $2,333.33 off of the money they gave me for fixing my car. If this is truely illegal, what can I do now? My case hasn't settled yet.


Asked on 3/30/09, 11:14 pm

3 Answers from Attorneys
Barry Simon Law Office of Barry J. Simon

Re: attorney fees for my accident

It is not illegal but most attorneys including me do not charge for helping with the property damage for they very reason you mentioned. I'm disappointed your lawyer did that to you. Any further questions, email me at: [email protected]

Barry J. Simon, ESQ.

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Answered on 5/07/09, 3:25 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: attorney fees for my accident

Your buddy is wrong. By his logic, if all you had was property damage your lawyer would have had to work for free. Such a rule would not make sense.

In many cases where the property damage is small and the injury severe the lawyer will charge only for the injury portion of the case, but that it not required. It might not even make sense in your case, depending upon the severity of your injuries as well as other factors. Unless your contract says otherwise, your lawyer is entitled to a percentage of the entire recovery.

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Answered on 5/07/09, 3:34 pm
Terry A. Nelson Nelson & Lawless

Re: attorney fees for my accident

It is not illegal, but is not generally done.

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Answered on 5/07/09, 5:15 pm


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