Legal Question in Mediation in New York

lawyer fees

in a accident case, can a lawyer recieve more than 1/3 of the judgment, and if so, under what circumstances can that be done.

thank you, in advance for your time and attention.


Asked on 5/16/06, 4:47 am

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: lawyer fees

Generally in a negligence caase, the retainer will be 33.3 % (1/3) plus the expenses the attorney has paid. However, there is another approved form called a sliding scale, not used by most attorneys for simple negligence cases.

The only other way an attorney can get more then 1/3 if he has a 1/3 retainer is if he did an exceptionally large amount of work on the case,

and 1/3 is inadequate. He can try to ask the court for it, but rarely is it granted.

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Answered on 5/16/06, 9:17 pm


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