Is it a "Federal law" that your attorneys have to take the .25 % plus expenses on a settlement or is it up to their discretion.

Asked over 1 year ago - Virginia Beach, VA

My case was awarded a small settlement and after the fees, cost of expenses and my retainer, there is no award left . My lawyer stated federal law requires him to retain his .25% .I know many fees/losses paid out can be written off as business expenses . I want to know is it up to the firm or the state/ federal government to enforce the .25 % . I understand that they have financial obligations,however they did admit their poor judgement in the expert witness costing "us" the case and it was my family that lost the loved one and to whom the settlement was awarded.

Attorney answers (3)

  1. Benjamin Weaver Glass III


    Contributor Level 14


    Lawyers agree

    Answered . As I understand the question the answer is "no" there is no federal law which requires the attorney to get paid the fee that was agreed to. It is a matter of contract. I sounds like there may be an error of communication but that's very difficult to tell via Avvo messages.

    Ben Glass is licensed in Virginia. He offers a number of free consumer book downloads at his site for information... more
  2. Rixon Charles Rafter III

    Contributor Level 20


    Lawyers agree

    Answered . What fee arrangement did you make with this attorney when you hired him? That is the first place to go to identify your obligation.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  3. Constantine D. Buzunis

    Contributor Level 17


    Lawyers agree

    Answered . So sorry for your loss of a family member.
    Unless it involves a minor client or the amount of the contingency fee is excessive, the fee is a matter of contract and is negotiable between the lawyer and client(s), the court does not set the fee. If you got nothing in the recovery and your lawyers got a full fee and did not do a very good job, you might ask them to reduce their fee and give you something? If the expert was very poor and did not do their job ( not the same as testifing a certain way in exchange for a fee, which is improper), then perhaps the expert should have been paid less or should refund part of their fee? Otherwise, it is a painful lesson that lawsuits don't always turn out the way they should or the way we expect? You might want to have a legal malpractice attorney look at the case to see if you have a claim against your lawyers?

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more

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