Legal Question in Legal Ethics in Ohio
Can Lawyers collect ''out of pockets'' Expenses?
I have a lawsuit case that was settled for $10,000.00 My lawyer claims he had $300.00 in ''out of pockets'' expenses he says he paid (for court reporter, copy of deposition and filing fees) and wants to collect this in addition to the 1/3 out of the 10 grand. The contract I had with him says nothing of out of pocket expenses and I want to know if this allowed. My contract with him only states he gets 33% of the settlement, 40% if it went to court.
1 Answer from Attorneys
Re: Can Lawyers collect ''out of pockets'' Expenses?
Generally litigation expenses are required to be paid by the client, although that rule has softened somewhat recently. In any event, the terms of the written contingency fee contract with the attorney will control. Without looking at the contract, I cannot tell you an answer to the question. Please have the contract reviewed by another attorney.
This response is for general informational purposes only, and is not intended to create an attorney-client relationship in the absence of a formal written contract.
Good luck!
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