Legal Question in Civil Litigation in California

If a self-represented claimant has agreed to a settlement with defendant's insurance carrier for (as example) $12,000 (in a Med Mal case, and/or other types of cases ), and then claimant hires a lawyer/law firm , can the fee-agreement be that Claimant is entitled to the $12,000 (since that amount is already "in the bag" for Claimant) and anything over the 12K would be split 60/40 (as is the standard)...Or does the standard 60/40 split goes for the whole amount? ... Because if Claimant retains counsel, and counsel could only get about $20,000 settlement, Claimant is better off getting the $12,000 by itself without counsel, I would think. ... Do you think a lawyer/law firm would agree to the "claimant gets the first 12K, since it was already "in the bag" before I, the lawyer came in, and I the lawyer gets the 40% at anything I can negotiate over 12K" deal.


Asked on 6/22/15, 8:36 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

You are free to make whatever agreement you want with a potential attorney. An attorney may be willing to agree to what you propose. Start calling and asking.

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Answered on 6/23/15, 9:48 am


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