We have hired a lawyer on 33% contingency plan(personal injury case)
After we settled the case for 2 milions he wants now 40% because of litigation fee +we must pay all medical fees and deposition fees and all experts he hired
case never went to trial
Is he allowe to that after the fact
4 Answers from Attorneys
Hi, Andrew. You should review the contract and the fee provisions and see exactly what % of the fee it provides for depending upon the stage. Litigation is not the same as "trial." Generally, litigation stage starts as soon as the lawsuit is filed.
% of attorney's fee is taken off the top and not after the medical bills are deducted.
The previous attorney is correct. Review your attorney client agreement carefully and see if the fee goes to 40% at some point in the representation. You are usually responsible for all costs and medical bills from your portion of the settlement.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
As previously stated, your represenation agreement with dictate hoiw much the attorney is allowed to recieve. keep in mind though that everything is negoiatable even after the fact. If thought it was 33% and the agreement says 40% why don't you see if there can be a compromise at 36%?
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You and your lawyer should have a written contract which specifies when and if his fee will increase. The contract probably also says that all costs are your responsibility.