Legal Question in Medical Malpractice in New Jersey

standard recovery fees

My attorney will be getting 33 1/3 % for his legal services. My siblings and I pd for the experts reviews and obtained all the medical records. Agreement says -in addition to legal fees-we pay other costs. Without a trial, what would the average of these extra expenses be? Could they be as high or higher than 20,000. That is in addition to the attorney getting 33 1/3 % Of course I will be speaking to my attorney. But until then-I am curious what the normal fees are on top of 33 1/3 %


Asked on 10/29/08, 9:38 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: standard recovery fees

The normal fee arrangement is that the attorney advances ALL of the expenses and takes the risk of loss. The fee is normally 1/3rd if settled before suit or if there is an admission of liability and 40% if not. The costs are repaid when there is a recovery. Beware, some are now trying to charge interest on the advanced costs which, in my view, is unethical and a violation of the rules regulating the Florida Bar.

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Answered on 10/29/08, 10:19 pm


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