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.


Asked on 4/13/10, 10:52 am

4 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

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?

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Answered on 4/18/10, 11:27 am
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

Yes If the fee agreement says 37%.Fees are computed before any other deduction.

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Answered on 4/18/10, 12:48 pm
Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 4/18/10, 12:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 4/18/10, 2:35 pm


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