Legal Question in Personal Injury in Florida
I was in a car accident and I would like to negotiate the percentage that the lawyer is receiving. I don't feel they have been completely honest about the proceeds they have received.
3 Answers from Attorneys
The time to negotiate the fee was really before you signed the contract or, at a minimum, as a part of you agreeing to settle the case which - i assume -- involved a discussion with your lawyer about what you would receive from the proceeds. It is a little late to do so after all of that. The lawyer must describe everything he received and there must be a closing statement detailing the costs. He should have back up for it all if you request. Whether you should get more, in fairness -- as opposed to the contract, would depend on the facts
Have you already hired the lawyer and signed up? If so, you have a contract with the lawyer which describes the percentages the lawyer is entitled to at every state of your case. The contract is required by the Florida Bar. Of course, just because you have a contract doesn't mean you can't renegotiate the lawyer's percentage, but the lawyer may have no incentive to negotiate if you signed a contract and your case is concluded. You should ask for a written statement of how the funds were distributed by the lawyer in your case. If the lawyer placed any of the funds into his or her trust account, the lawyer is required to give you a statement.
If you have already signed the contract, then it is too late to change the fee percentage. The attorney will probably provide you with an accounting of what was received and what amount is payable to you. If you have any questions, you should ask you lawyer. All bills and amounts should be well documented.