Legal Question in Employment Law in Massachusetts
Two different lawyers want 1/3 of settlement.
I hired an attorney to help me because I was wrongfully discharged from my job of 10 years. He took the case but he did not seem totally competent. He was gunho but then called me to say that a friend told him the opposing lawyer was from a big firm, that he had no idea who he was before this friend told him, and that we should settle for $50K. He spent about 5 or 6 hours on my case.
Before discharging lawyer #1 I visited lawyer #2. I was very impressed with lawyer #2. He seemed very confident and had been involved in some big cases. He told me he could most likely get me more than $50K. He also told me he only takes 1 out of every 40 cases.
The case finally settled for $50K after over 3 years.
Lawyer #1 wants 1/3 of the settlement.
Lawyer #2 wants 1/3 of the settlement.
I know I owe lawyer #1 for time he spent on the case, but not 1/3.
Is it reasonable that I pay both a portion of the 1/3rd. Or, do I have to pay both of them each 1/3rd leaving me with 1/3rd of the settlement.
3 Answers from Attorneys
Re: Two different lawyers want 1/3 of settlement.
Generally, a discharged lawyer is entitled to compensation for the services rendered. I do not believe that each lawyer is entitled to a 3rd. I believe that each lawyer is entitled to a piece of that third - but as to what amounts is something to be determined.
At the same time, contingency fee agreements must be in writing. Check your fee agreement and see what that says in terms of payments to the discharged lawyer.
Re: Two different lawyers want 1/3 of settlement.
Contingent fee agreement must be in writing to be enforced. If not, attorney is entitled to "reasnable" fee for time spent on case. If both in writing, see what agreement says about prior counsel.
Mass. Board of Bar Overseers has a fee dispute service if all parties agree. Otherwise, check with Mass Bar Ass'n about their program.
Re: Two different lawyers want 1/3 of settlement.
file for fee arbitration with the Mass. Bar Association
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