Legal Question in Personal Injury in California
My lawyer is charging me 37% in an auto accident case. Also he took his fee out before he paid the doctor fees. Is this ethical? This is in California.
4 Answers from Attorneys
The fees must be explained in the written fee agreement that he gave you. What he is doing is ethical. You must pay your attorney for doing the work for you, wouldn't you agree?
Yes If the fee agreement says 37%.Fees are computed before any other deduction.
Without your attorney's work, neither you, he, nor the doctors would be paid. So the fee seems reasonable, and the withholding before any other payments is also ethical.
You and the lawyer should have a written agreement which says how his fees will be calculated. Most lawyers base their contingent fees on the total judgment or settlement, before deducting expenses. The expenses then come out of the client's portion. Unless your contract says something different, your attorney's actions are entirely proper.
Related Questions & Answers
-
How long after a personell injury do you have to file a claim Asked 4/11/10, 6:04 pm in United States California Personal Injury Law and Tort Law