Legal Question in Workers Comp in California
work comp attorneys fees above 15%
Our attorney demanded extraordinary attorneys fees in the amount of 38% on a work comp case because of the time he had invested in it (16 years without a settlement or trial setting). The settlement is only $49000.00 and the attorney is taking $18,600.00 leaving only $30,000.00.
I know that a third is a standard atty fee percentage in a personal injury case, but have NEVER heard of a fee higher than 9-15% in work comp, and extraordinary fees being no more than 5% total above and beyond the state regulated fee.
How can we make the judge aware that we have been extorted by our own attorney and to have him reimburse us the monies that he has stolen?
1 Answer from Attorneys
Re: work comp attorneys fees above 15%
I am somewhat confused. By statue the WCJ must approve any any attoreny fees. I do not know a circumstance wherein a judge has the jurisdiction (power) to change statute. The law says 12-15%. Further, I seriously doubt the insurance carrier will pay anything more than 15%.
When your case is set for hearing on settlement, state that you have a written contract agreeing to a 15% maximum fee. If the judge approves more, then I suggest dismissisng your attorney and filing an appeal in pro per. That means with the assistance of the I&A office at the court of venue.
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