Legal Question in Personal Injury in Massachusetts
Attorney's Fee/Commission
I was rearended in an auto accident. The max on the other drivers insurance is 50,000. The ins. company is agreeing to settle on the 50,000. My attorney is telling me that his fee is 1/3 which we agreed upon under Mass. law. My medical bills are 22,000. He is telling me that his fee is 1/3 of the 50,000 which is 16,666 roughly. That leaves me with roughly 11,900 after my medical bills have been paid. It doesn't seem fair to me that he should get 1/3 before my bills have been paid. He is getting more than me and I'm the one with permanent back problems. Am I wrong about this or is this a correct fee for him?
2 Answers from Attorneys
Re: Attorney's Fee Contigency fee agreement.
I find it disturbing that you might have not spoken to your attorney. At some point you reached an agreement with your attorney. The agreement described your mutual responsibilities and the financial terms of the attorney-client relationship.
When you made the contingency fee agreement your attorney took certain risks as you did.
The terms of the agreement as you suggest is that your attorney is entitled to 1/3 of gross proceeds; the total proceeds before distribution.
If that is your understanding, you cannot now have a change of heart merely because of the outcome. Agreements are made before settlement or judgment.
If there is something that you believe requires your discussion with your attorney, that is precisely what you should be doing.
What seems to be wrong is your attempt to re-write your agreement.
Re: Attorney's Fee/Commission
Think of the other side that paid its lawyer money by hour or salary and ended up paying the maximum amount of the policy limits.
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