Legal Question in Legal Ethics in California
is my lawyer ripping me off?
is it legle for a lawyer charging 33.3% to charge extra for (expences)?
2 Answers from Attorneys
Re: is my lawyer ripping me off?
Take a look at your signed retainer agreement. Typically lawyers charge more than 33-1/3 percent and take the costs out of the client's portion of the settlement or award (i.e. after the attorney deducts the percentage). See what the agreement says about costs.
Re: is my lawyer ripping me off?
Except for medical malpractice claims, contigent fee agreements are not set by law. Fee agreements are freely negotiated between the client and the attorney. Although legal fees cannot be "unconscionable", there is nothing specfically illegal about charging for expenses on top of the contingent fee.
My personal practice is to bill the client for expenses as they are incurred. When I recover on behalf of a client, I return their expenses first and then calculate my fee based on the net recovery. However, you need to look at the terms of your fee agreement to see what you agreed to.