Legal Question in Employment Law in New York
need to know...
i have a question.. sorry for the lenghllyness ,i am in limbo with 2 seperate attorny's..one has a lein on my case(unknown reason why he wont finsh off) while the other attorney is willing to take on my case, i have probable cause for the nys divison of human rights, im abit nerve racked about this whole situation..mean while i should be glad i got this far.. the second attoney is asking 40% of the gross amount of what i am awarded,when i accept and take settlment. whats better having an attorney with 1/3 or 40% of what ever gross amount example 75,000 to maybe 300,000 tops..i really dont know beans about legal terms and really how attorney's work..i do know that attorney's are out to make money as well,but i dont want to be short changed even though i have been waiting over 3 yrs ..and i feel my case is enought to want to go to trial if need be before any ''settlement'' is offerd even with out going to trial,i hope im making sence.
so for example if say i am awarded no more than 75,000.what will i walk off with after..i never had to go to court for anything,or be a victim of discrimination and retaliation.
1 Answer from Attorneys
Probable cause finding means you won half the battle
The attorney with the lien has an enforceable claim against your recovery.
Does he know about the probable cause finding? There is a limited amount of time in which to decide whether to have the Division continue with the case or go to court, although I would recommend the former because you can still go through the latter if you are dis-satisfied.
The new attorney wants 40% and he hasn't done any work yet? You will still owe the other attorney
on the lien.
This type of work has no set rate like personal injury cases, which are generally on a 1/3 contingcy fee. That is.33%, less then forty.
I haven't any idea of the type of case or nature of damages, but unless the damages are small I think that 40% is unrealistic in this situation.
If you use a new attorney let him work out an arrangement with the old attorney.
At this stage the Division will have hearings and try to negotiate a settlement. They will represent you. You actually don't need an attorney unless
you want to appeal the result in court or lose, etc.
I handle this type of claim as well. If you need
further information, tell me more about the case.
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