Legal Question in Personal Injury in California

Attorney costs
My wife was injured and an attorney filed suit on her behalf. After arbitration a trial date was set. Somehow, before the trial date, the defense managed to obtain a summary judgment. Our Contingency Fee Agreement
states that ''Client agrees to reimburse Attorneys for costs and necessary disbursements upon settlement of claim''.
I do not believe that the claim was ''settled''. Are we obligated to pay the attorney's costs?

Asked on 1/06/03, 2:34 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Attorney costs

It depends upon what the contract says -- and I mean the entire contract, not just the single sentence you quoted here. The excerpt you have provided does seem to suggest that you don't have to pay, but there is a real chance that other portions of the document would lead to a different conclusion (as, for example, if the word "settlement" is defined to include any resolution of the case).

Answered on 1/07/03, 3:26 pm

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Sheldon G. Bardach Law Offices of Sheldon G. Bardach

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Re: Attorney costs

The use of the word "settlement" was probably inadvertent, inasmuch what is ordinary and appropriate is that the client pay whatever expenses have been laid out by the attorney, upon

resolution of the claim. I think you would agree that you would have signed such a provison. In fact, the attorney probably would not have signed the retainer agreement, had you refused. You probably can claim, under the present circumstances, that there was no meeting of the minds and therefore no agreement on that provision. Your danger is that a court may find no contract, and the attorney may claim the reasonable value of his services, which may exceed the difference you'd save in costs and expenses. Settle the claim with your attorney.

Answered on 1/07/03, 4:33 pm

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