Legal Question in Legal Ethics in Ohio
contingent pay
In my personal injury suit, my lawyer is charging 33% of whatever I receive. Before I employed him, the insurance company made me an offer. Does he get 33% of the entire sum, if it's more than the offer, or does he only get 33% of the difference between what I was originally offered and the final settlement?
A lawyer I consulted with in PA was only going to collect on the difference. Then, I found out I had to file suit in Ohio. Are the laws different there, or is this an across-the-board question of ethics?
Thank you for your time and attention to my question.
1 Answer from Attorneys
Re: contingent pay
This is an issue of contract law, and in Ohio it will be resolved by reading the contract you signed with the attorney when you agreed to have him or her represent you. It is very common for the fee agreement to require that you pay a fee on the entire settlement. Some attorneys, however, will occasionally modify their standard contract to exclude what the insurance company had already offered prior to their involvement in the case, but if that happened it would appear on the written contract you signed with the attorney.
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