Legal Question in Personal Injury in Florida

Dollar amount an Attorney collects

If someone is injured in an auto accident, now the fee is 33 1/3% of the settlement. What about the money that is paid for Depos, Hiring reconstructing people, say a private investigator etc....does the attorney get this over and above the 33 1/3? If so why are you paying them 33 1/3 for?


Asked on 10/05/07, 10:43 am

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Dollar amount an Attorney collects

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.

Reimbursement of costs advanced are generally paid in addition to the contingency fee agreed upon. This is controlled by the terms of the retainer agreement which you entered into with your attorney. The attorney advanced these costs on your behalf and is entitled to reimbursement.

You are paying the contingency fee because that is what you agreed in your retainer agreement to do. You did not have to agree to a contingency fee agreement. Instead, you could have paid a retainer in the amount of $5,000.00 - $10,000.00 and made monthly payments for the hours the attorney expended working on your file whether or not any recovery was ever made. It was apparently your choice not to do so as it is for most people in a similar situation. The attorney takes the risk and is entitled to be compensated for his or her success in your case.

Scott R. Jay, Esq.

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Answered on 10/05/07, 1:43 pm
David Slater David P. Slater, Esq.

Re: Dollar amount an Attorney collects

Read your retainer agreement. Expenses are always reimbursed

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Answered on 10/05/07, 10:59 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Dollar amount an Attorney collects

Read your contract. Your answer is there. Typically and almost always the costs for the case are on top of the one third fee. You ask, if that is so, what is the fee percentage for. The answer is that it is for the lawyer's time and the time of the staff in performing the legal services you retained him or her to perform, plus the risk that nothing will be recovered and that, in that case, his costs will not be recovered and his time will have been wasted.

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Answered on 10/05/07, 11:46 am


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