Legal Question in Workers Comp in Arizona

I recieve a mothly check from a workmans compensation claim. How long can the lawyer take a cut?


Asked on 7/31/12, 4:56 pm

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

There is not an easy answer to your question. First, you must look at the fee agreement you signed. If it is like most workers' compensation practitioners' agreements, it states that the attorney's fee is 25% of any benefits or settlement the attorney had a hand in getting for you. That could mean a very long time.

The ethical rules for attorneys require that fees be reasonable, but you have to look at many factors. At the beginning of your case, the outcome was uncertain, and the attorney made a commitment to handle your case without getting paid up front, without knowing how much work it would be, and without knowing how much he/she would be paid later. That's a gamble for the attorney, just like it was a gamble for you, but you were willing to take the risk back then because you couldn't afford to hire a lawyer by the hour. You cannot entice a lawyer to work for you, and give you his/her best efforts, and then later change the terms of the agreement just because it didn't turn out the way you thought it would.

On the other hand, as stated above, lawyers' fees must be reasonable, and there are statutes governing attorneys' fees, as well. My best advice is to talk to your lawyer about your concerns.

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Answered on 8/03/12, 10:32 am


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