Attorney settled my employment case. Contingency is 33%. Will my old employer pay his fees? Is that typical? If yes, do I still have to give up that 33%?
Normally the contingeht fee is taken from the gross recovery. It is not added on or paid by the losing party. You should have a written retainer agreement with your lawyer that spells all this out.
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The terms of your contingency fee agreement will govern. Generally, the percentage is computed on the gross recovery and is paid from the settlement amount. Since this is a settlement, and not a judgment, your employer will not be required to pay any additional sums, such as your attorney's fees. So, yes -- you give up 33% if that is what your agreement states.
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Employment / Labor Attorney
This is a question you should address with your own attorney. Why ask us when you have an attorney who knows your case, your settlement and your fee agreement?
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