Legal Question in Personal Injury in Illinois

Attorney cut on PI award

Is it ethical for an atty to take 1/3 of

the PI settlement? I thought medical

was paid first to the insurer & medical

professionals and then the PI atty took

1/3 of the balance.


Asked on 11/26/07, 1:07 pm

3 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: Attorney cut on PI award

Yes it is ethical if it is so written in the contract you have signed.

Generally, the fees comes out of the gross amount of the settlement--that is form the total amount of the settlement. However, the fee arrangement has to have been clearly spelled out in the contract you signed.

Also, remember that the fees are separate from the costs. The attorney is entitled to his fees PLUS his costs. The fees do not include the costs advanced for the prosecution of the claim.

I hope this helps,

Taradji Law Offices

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Answered on 11/26/07, 1:58 pm

Re: Attorney cut on PI award

You need to review your contract with the attorney. If it states that he or she receives 1/3rd of the gross settlement, that is what he or she is entitled to receive.

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Answered on 11/26/07, 5:39 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Attorney cut on PI award

Read the contract you signed hiring the attorney on your case. It is a standard clause that provides for the attorney to receive a percentage of the gross amount recovered on behalf of the client, which means before anything else gets paid.

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Answered on 12/05/07, 12:00 am


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