Legal Question in Personal Injury in California
Attorney settlement fees
I was injured and retained an attorney he was not doing his
job 2 years later and got another attorney. This attorney after last 2 years didn't do his job but I had to settle the
case. the first attorney wants money and also the second attorney.
Is there a certain percentage they only can take? First atty
was 33% second atty was 40% but said if settled out of court
which I did he would only charge me 30%. Now check has been
received and they are battling and won't give me my check as
the second atty seems to think if he has to he will take more of my money which is very, very small settlement anyway because of both of there neglect of handling.
Question -- can they take more than a total of 40% and can second atty hold my money up till they decide how they are splitting the 40%?
3 Answers from Attorneys
Re: Attorney settlement fees
From your post, it would seem that the attorneys are stuck to battle over 30%. 30% should be placed in a client-trust account (in addition to claimed costs by the attorneys, if this is called for in your retainer)... and you should be given the remainder (less any medical liens to be paid) immediately.
You should call the State Bar if there is significant delay.
Good luck.
Re: Attorney settlement fees
A good suggestion from Mr. Reed. Also, I would say that since attorney 1 did not contribute much to your settlement (if anything), he/she should only get the reasonable value of his/her time, i.e. an hourly sum. Again, though, you should be paid the undisputed amount over 30%, minus any medical liens.
Re: Attorney settlement fees
The attorneys, together, can only take one fee (max 40% for the both of them) they can not withhold your amount while they settle their differences and can not withhold any amount that is undisputed.
Joel Selik
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