Legal Question in Sexual Harassment in New York

I signed an agreement with my attorney in regards to attorney fees. It was indicated that he will get 33% of whatever amount I get from the lawsuit. A few weeks after he decided to get another attorney involved in this case and sent me another agreement in which it was indicated that they would get 35% of whatever I get. My question is, do I need to request a cancellation of the first agreement in writting? Also, is he allow to increase the percentage because he is getting another attorney involved? Isn't he supposed to pay the other attorney from the 33% from the first agreement since I didn't request to get a second attorney?


Asked on 12/02/09, 1:18 pm

1 Answer from Attorneys
Scott Ziegler Ziegler, Ziegler & Associates LLP

Assuming your first lawyer has done very little, if any work, depending upon the terms of your current representation agreement you should be able to fire your current lawyer and hire whomever you wish. If your first lawyer hired a second lawyer, the first lawyer should be responsible for paying the second lawyer or the second lawyer should be responsible for paying the first lawyer. Any retainer with the second lawyer should make that clear, so the most you are paying out is 35%. You should not be paying out 68% to lawyers. Normally the first lawyer would get a piece of what the second lawyer earns, based on the work the first lawyer did. We are happy to review your current retainer letter and advise you on how to get out of it or deal with the matter.

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Answered on 12/07/09, 1:44 pm


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