Legal Question in Personal Injury in New York
Our attorney retainer contract stated the attorney will get 25% if the case "does not go to suit" and 30% if it does. What does that mean? If the case settles out of court can the lawyer get 30% and are the attorneys also able to charge a per hour fee for work done or does that come out of the percentatge received from settlement. Thank you!
1 Answer from Attorneys
Sounds like you have a contingency agreement by which the lawyer receives thirty per cent if he puts the case into suit, that is, files a summons and complaint with the purchase of an index number from the court. If the case settles before he initiates the lawsuit his fee is 25% of the sum recovered, not 30%. In a contingency fee arrangement, the lawyer generally does not charge any additional amount by the hour. Best, M. E. Zuller
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