Legal Question in Legal Ethics in Pennsylvania

Lawyers fees

I am a 77 year old man and his wife who were involved in an accident as pedestrians in 2006.

I believe I have a legitimate claim involving a fee agreement that my attorney is disputing and is attempting not to adhere to.

The fee agreement was proposed by my attorney�s partner and then the case was taken over by my attorney to fulfill. The contingency agreement states that: �The attorney shall receive a fee of (25% of the net sum secured either by way of settlement or verdict. If no money is recovered in this case, the client shall not be liable for any expense or legal fees as a result.� The attorney confirms that they accepted this agreement as written.

This case was settled out of court, no mediation, no arbitration, no court trial. It was done by a simple telephone call.Now as result of this attorneys partner having extended a 25% contingency fee to me not 40% as my attorney now states is his usual fee, he says we are responsible for$995.00 in �misc officeexpenses� which he wants to deduct from the $15000.00 award settlement my wife and I should receive as pedestrians, that suffered injuries. Medical bills have been or will be taken care of by our PIP insurance.Is attorney legally entitled to this per contract?


Asked on 5/05/08, 10:26 pm

1 Answer from Attorneys
Heather Bupp-Habuda Ethics Advisor

Re: Lawyers fees

I suggest you ask for the misc. office expenses to be itemized if they have not been already.

The Phila. Bar Assoc. in Penna. has a legal fee dispute forum that hopefully will be able to help you resolve the legal fee dispute you describe. A link to a review of it is below: http://www.halt.org/reform_projects/lawyer_accountability/lawyer-client_fee_arbitration/pdf/PA_FARC.pdf Participation in it is not mandatory for the attorney, however, but voluntary. Unfortunately, the PA State Bar does not have a mandatory legal fee dispute mechanism.

Heather Bupp-Habuda, Esq.

PA Bar No. 59412

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Answered on 5/07/08, 9:38 am


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