Legal Question in Personal Injury in California
Good Morning,
If a client signs a retainer stating, 1/3rd if straight settlement, 40% if it goes to Mediation and 50% too trial does a law firm who settles said case in a straight settlement now wants a 40% payoff allowed to do so? The difference between the 1/3rd and the 40% is substantial. I thank you
Asked on 9/25/12, 4:25 am
2 Answers from Attorneys
Joel Selik
www.SelikLaw.com
The written fee agreement would govern. Thus, if the language of the fee agreement provides 1/3 if settles prior to a mediation and it so settles, then the fee is 1/3. I would need to see the fee agreement.
Answered on 9/25/12, 6:14 am
Terry A. Nelson
Nelson & Lawless
If you can not resolve it with the attorney, you can file a fee dispute with your local County Bar Association
Answered on 9/25/12, 11:46 am
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