Legal Question in Legal Ethics in California
Attorney Fees - How to Calculate for Cross Complaints
What is a fair way to compute legal fees for a cross complaint? The plantiff is sueing for 1.5 million plus interest and attorney fees. I am countersuing for 2.5 million plus interest and attorney fees. If we settle by walking away with no one paying anybody anything, how do we calculate the value of the case so that my attorney receives a fair fee? My attorney is suppose to get 10% of the winnings.
1 Answer from Attorneys
Fees for Cross Complaint
As Abraham Lincoln said, "A lawyer's time is his stock in trade." Your question is state specific so you should consult with your attorney regarding what California laws are regarding fees and fee arrangements. What are the terms of your contract with your attorney? Does all the contract provide for his services amount to 10% of whatever is recovered? Does your contract include provision for hourly rates or other means of compensation which contemplate the defense of your suit. Judging from the wording of your question, it sounds like your initial engagement of the attorney was to defend the suit against you for the other side's claim. You might wish to seek outside California counsel to give you an opinion regarding proper compensation or contact the California Bar. Certainly if the tasking of your attorney was to defend the action against you the attorney's efforts were obviously successful. You have not indicated any of the facts regarding these matters which need to be known to adequately address your question. Was your counterclaim nothing more than a defensive maneuver, or more than that? Do you have a written contract with your lawyer or letter from your lawyer detailing your fee arrangement in the beginning. Was the agreement purely contingency? These seem to be questions which you might wish to consider in forming an opinion about fair compensation. As I said before, since your question is state specific you really need to seek an opinion with someone who is licensed in California or alternatively the California Bar.