Legal Question in Legal Ethics in California

My wife and I filed a case against a dealership on a contingency plan and recently got a settlement. The offer was 18,000.00 plus court fees, attorney cost, and any other damages. However, upon speaking to our attorney he said that out of all of it we would only get 5,000.00. How does that work?


Asked on 8/08/12, 11:16 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Your written retainer agreement with your attorney governs how much you'll get. Typically, an attorney will take the agreed percentage from the top as the attorney's fee. Then, the attorney will negotiate the doctors' fees and pay all liens placed on the case. Then, out of the remainder, the attorney will be reimbursed for out-of-pocket expenses such as court fees, expert fees advanced, depositions, and miscellaneous related costs. After that, the balance will go to you. (Note: Some retainer agreements have the attorney taking a percentage of the fees after all such costs are deducted from the top.)

Your attorney should provide you with a written breakdown of the disbursements. You might ask for one so that you can see where the money is going.

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Answered on 8/08/12, 11:25 am
Anthony Roach Law Office of Anthony A. Roach

I don't know. I can't see the disbursement form from here.

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Answered on 8/09/12, 12:37 pm


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