Legal Question in Personal Injury in California
How do i find out what percentage of a settlement my lawyer can legaly take...I've heard that if the case goes to trial they can take 40% but my case never went to trial. Also the case was filed in 2008 if that makes any diffrence.
2 Answers from Attorneys
This amount is freely negotiated between attorney and client and must be then included in a written fee agreement signed by both parties. There is no law specifying an exact percentage amount. There is a law requiring that the amount not be unconscionable which is a legal word with a complicated meaning depending on the facts and circumstances of the case. In your case, read the fee agreement. If you no longer have a copy ask for one from the attorney.
The common fee charged in tort cases is 33% of the recovery after costs in Northern California and 40% before costs in Southern California. Some attorneys charge an additional percentage of the matter does go to trial. As Mr. Libby states, you have to look at the fee agreement you signed; you should have tried to work something out with the attorney before they started working on your case. Unless you have another case for them to handle, why would they reduce the fee you have already agreed to. I personally feel that legal fees are in general too high but I am in the minority and you appear to be objecting too late to succeed.