Legal Question in Personal Injury in Florida

Attorney Fee's

I just settled a personal injury from an accident of 2002. Settlement agreement was offered at depositions. The attorney is telling me I now have to pay 40% of the settlement. His agreement reads 33 1/3% thru the time of filing ananswer or the demand for appointment of arbitrators. From the time of filing an answer or thr demand for appointment of arbitrators thru the judgement is 40%. Am I wrong in thinking he is only supose to charge me 33 1/3%? Also can he charge me additional HARD COST?


Asked on 7/10/07, 11:16 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Attorney Fee's

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

From the limited information you provided, it seems that an answer was in fact filed and the case progressed until depositions were taken. If so, you are responsible to pay the 40% contingency fee. In addition, most fee agreements make the client responsible for all costs incurred. You should review the terms of your agreement which will be controlling.

Scott R. Jay, Esq.

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Answered on 7/11/07, 12:38 am
David Slater David P. Slater, Esq.

Re: Attorney Fee's

Seems you owe 40%. Legal expenses are to be reimbursed. Whether they come off the top or out of your share depends on the agreement you signed. Good luck.

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Answered on 7/10/07, 11:34 am


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