Answered
November 02, 2012 16:14.
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.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... moreI am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference less
