Legal Question in Insurance Law in Michigan

Attorney's Fee Entitlement

My Mich. attorney negotiated a pay raise in attendant care for me, from $10.00 to $16.50 hourly, for catastrophic injuries suffered by my minor granddaughter, in an auto accident,in Mich. (She now lives in Pa. with me.)

He got me a pay raise of $6.50 hourly, 24 hours daily, 365 days yearly. I am now entitled to $16.50 hourly, which includes the $10.00 hourly rate, 24 hours daily, 365 days yearly, which I was already receiving from the Insurance Co. before the attorney agreed to file suit. The negotiations have been settled, and now this attorney has informed me that he is taking 33% from the total hourly rate of $16.50 monthly. Am I wrong in questioning this lawyer's taking a portion of my already existing hourly rate of $10.00, since he had no part in this pre-existing amount? Thank you, Sincerely, Donna

Asked on 2/08/04, 10:31 pm

2 Answers from Attorneys

Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Attorney's Fee Entitlement

At firsst blush, it seems as though the proper calculation would be based on monies received in excess of the $10.00 per hour you were already receiving. But you will need to review your engagement letter that you signed when you hired your attorney. I'd be happy to review it for you. If you have any questions, feel free to call me at 586-979-7302. Good luck.

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Answered on 2/09/04, 6:34 am
Kevin Begley Kevin J. Begley - Attorney at Law

Re: Attorney's Fee Entitlement

I was going to say the same thing as Ms. Ziulkowski, that the fee should be based upon 33 of the benefit (extra money) he is getting you, or the $6.50/hr. The next question is, how long a period of time is that fee based upon? One year? Each year you recieve the benefit?

Take Ms. Z up on her offer, and have her look at it for you. It sounds like he did a good job for you, but he has to be reasonable.

Good luck to you and your grandaughter.

Kevin J. Begley

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Answered on 2/09/04, 11:42 am

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