Legal Question in Civil Litigation in California
My parents saw an ad on TV of lawyers looking for people that work or worked in the semi conductor business and had children with disabilities born during or after that period. I had scoliosis and ended up having spinal surgery after having worn a back brace for 4 years. My parents submitted the claim (I am now 28), the lawyer contacted me (Waters & Kraus) and sent me documentations to be signed.
The fee they are charging me is 40% of my winnings. On top of that I need to pay their "fees" which they spell out in vague detail. What they don't say is where they will be needing food, lodgings or what travel expenses they will incur. Is it legal for them to overspend on such things? I am concerned they will spend $100 or more per meal and they will want to fly first class and so on....
And 40% seems pretty steep to me. That's 40% of my life pain and misery that they are profiting off of. That doesn't seem right.
2 Answers from Attorneys
The percentage of a contingency fee and other cost arrangements are not set by law, but are instead negotiable. You are free to negotiate the terms with this law firm, and you are free to find another lawyer who will take your case on terms that you are comfortable with.
That is an absurdly large percentage, especially when billing you for costs and expenses on top of it. Find another lawyer. You have a right to change attorneys at any time for any reason.
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