Legal Question in Legal Ethics in Georgia

Calculation of Contingent Fee and expenses
If a lawyer and his client can not agree on what expenses are and can not agree on which method of expenses and litigation chargers are to be deducted from the recovery and whether such expenses are before or after the contingent fee is calculated, do they have a legal contract and what legal claims does this lawyer have against any recovery in the future if the lawyer or the client terminates this relationship. Also,is there any legal ethical and/or professional responsibility violated by the lawyer, according to Georgia Law. Assuming that the lawyer has been the client's attorney for 7 months, but has done very little legal work as of date. Thanks

Asked on 2/22/02, 8:48 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Re: Calculation of Contingent Fee and expenses

Expenses and court costs are always deducted AFTER the contingent fee percentage is applied to the gross recovery.

Recoverable court costs are set by law; legitimate expenses should be itemized and supplemented with supporting documentation.

Your Bar Association may have a dispute resolution procedure concerning fees - ask them.

Answered on 2/23/02, 9:25 am

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