Legal Question in Consumer Law in Georgia
Consumer Lawyer Fees
I was offered a settlement of $25,000 and they won't pay attorney fees. Lawyer states she will take $20,000 and give me $5,000.
Contract reads as such:
''The Client does not have to pay any attorney's fees to the Attorney unless the Attorney is able to settle the case, collect a judgment, or if Attorney withdraws fromthe case for the reasons set forth in this Agreement, the Client will become responsible for Attorney's Fees.''
Attorney Fees will be paid according to the following formula: We will receive attorney's fees (billed at $300.00 per hour) plus costs incurred in this action or a minimum fee of 40% of the gross (before anything is deducted) amount we recover for you plus costs. The Attorney, in her sole discretion, may agree to cap or compromise her fees in the interest of achieving a settlement.''
Is this fair? The attorney is taking 80% total and is rushing me to accept.
2 Answers from Attorneys
Re: Consumer Lawyer Fees
Have your attorney explain what are attorney's fees and what are expenses that were incurred on your behalf.
Expenses and attorney's fees are different. You should see if your contract discusses expenses and your responsbility to pay expenses when the case settles. You are always entitled to a detailed accounting of the expenses incurred on your behalf.
Your attorney should explain the distribution to your satisfaction.
(Also licensed in Georgia)
Re: Consumer Lawyer Fees
Discuss with your lawyer. No one can second guess based on the paragraph you posted when, presumably, the case has been going on for a while. It would be highly inappropriate to do so.
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