Legal Question in Credit and Debt Law in Ohio

my mother got a settlement for 2500 dollars fees were not discussed before the settlement the lawyer sent a paper to for my mother to sign in order to receive her money stating that the base amount to the firm is 1965 dollars and the office fee is 35 dollars leaving my mom with 500 dollars this was settled without ever going to court by making a few phone calls and filing a paper is it right for the attorney to get 80 percent of the settlement


Asked on 6/09/12, 9:57 am

1 Answer from Attorneys

Daniel Myers Myers Law, LLC

This will depend on what the agreement was between the attorney and your mother. Was it in writing? Was it hourly? A flat fee? A contingency agreement (the attorney takes a certain percentage)? What was the $35 fee for?

It could be right for the attorney to take 80% if he or she performed work substantiating that fee, and if that fee is reasonable. You need to find out what the attorney did, the work involved, the time involved, etc. You can speak with another attorney who does similar work to determine if the fee was reasonable. If your mother wants to dispute the fee, she should immediately say so and the attorney should hold the disputed amount in the trust account until the matter is resolved. You need to contact an attorney in your area who handles similar cases or legal malpractice in order to determine if this is worth your time. Most malpractice attorneys will not take a case if the damages are only $2,000 - it could cost them and you more to chase the $2,000. See if you can resolve the issue with the attorney.

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Answered on 6/13/12, 2:36 pm


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