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If I settle my contingency fee case, does my attorney get his fees paid on top of that?

San Diego, CA |

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%?

Attorney Answers 4


  1. 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.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. 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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  3. Your attorney fee is usually taken out of the total settlement. Your attorney should address these for you


  4. 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?

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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