Legal Question in Civil Litigation in Missouri

Contingency fees x2?

I am involved in a civil suit along with my ex-husband in a civil suit because our adult, unmarried, no children, child was killed in a car accident. I have one attorney and he has another. This month, when the first insurance settlement came through, the judge awarded my ex's attorney 33 1/3% off the top of the total award after basic expenses. Now, because I have a contract with my own lawyer, I also owe him 33 1/3% of what I have left. Why is this legal? Do I have any recourse? There is still quite a bit of the case left to do with other insurance and other named defendants. I simply can't see paying two attorneys and I'm not sure what to do here.


Asked on 10/10/06, 1:56 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Contingency fees x2?

First, I am very sorry to hear of the loss of your child, and I would like to express my condolences. I hope that you have found the support and comfort of others in your time of grief. Regarding the legal question,in the first place, if you have an attorney as you have stated, you should discuss this matter fully and frankly with your attorney. It may be possible for you and your ex to find a way to cooperate so that two attorneys are not needed, but in situations such as this your respective legal and financial interests are distinct. Both of you using one attorney might pose a conflict of interest. I do wish you the best of luck in resolving this issue.

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Answered on 10/11/06, 12:09 am


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