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I was shown a settlement figure during mediation. My lawyer had deducted fees, expenses from that figure. His assistant checked

Leavenworth, KS |

his math. When going into office to sign checks, agreements, the net that I would receive was 10,000. short of what the lawyer had shown me at the end of mediation. His assistant said it was because he had to do a court filing. Went from 33% to 45% fee. Outrageous.

I don't see how anything changed from the time he showed me the net I would receive at the end of the mediation which I agreed with (for the lower figure, I would have wanted a court date) and a week later when I was asked to sign the checks that the insurance companies had given him for this settlement. I think my only option is to hire another attorney. What kind of attorney should I hire? Thank you in advance.

Attorney Answers 3


  1. Best answer

    Did you have a question?

    Talk to the lawyer him/herself, not the front desk clerk or billing person.

    What does your representation agreement with this attorney say regarding fees--in particular if a court filing is required? The rates you mention are not outside the bandwidth of acceptability.

    Many states have a Fee Dispute Resolution process set--see if your state does if you believe the fees excessive.

    FWIW, the time to question fees is maximized if its executed before a representation agreement is signed--your rights diminish significantly, but not altogether, after signing.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. I think that you should meet face-to-face with your attorney to discuss this matter. You should not be speaking only with his assistant. This all may be misunderstanding. Remember that a problem with hiring another lawyer is that you will incur additional legal expense. You should also determine if your state has a method of resolving attorney fee disputes. I am not a Kansas lawyer and did not offer this as legal at advice.


  3. Have you signed the final accounting settlement which this amount of $10,000 less?

    This answer is predicated on the facts provided in which the lawyer cannot confirm or verify. I do not represent you as we do not have an attorney-client relationship.