legality of swapping help with court fees for % of win

Tomball, TX Viewed 104 times. Posted about 1 year ago in Employment / Labor

I filed a complaint against a former employer, with the EEOC investigating now.
My attorney says the EEOC is short on funds and will often say they found nothing simply because they have no money to investigate it well. Then, he said, we'll need to file in federal court. He said my case is good. After that, I found some old EEOC documentation that proves the complaints to be "ongoing", so I believe they'll have to investigate it all the way back to the beginning, at least for the past 7 years. However, this attorney, even helping me out on the rates, says he'd need $4,500 to file in federal court and then is willing to take the rest of his fees out of any winnings. I am poor. Is it legal to offer a percentage of my potential winnings to someone for the upfront fees my attorney is wanting --- like as an "investment" that could return much more if indeed I do win? That employer did multiple illegal & discriminatory actions that cost me my career and robbed myself and others of years of wages/OT wages. Also, there was other "fall-out" from it, as well. I'd hate for them to get away with it all, and I doubt they'll change unless forced to do so. - Is this your question? Add additional information

Answers (3)

Susan Gibson Durant

This attorney is licensed in New Jersey and 1 other state. Posted about 1 year ago.

It is common for a lawyer representing an individual in an employment discrimination case to charge the client on a contingency fee basis. A contingent fee arrangement refers to a situation where the lawyer's fee is a percentage of any award. Of course, the percentage must be reasonable. You may want to contact the local Bar Association for additional information.

Diana S. Brodman Summers

This attorney is licensed in Illinois. Posted about 1 year ago.

How an attorney charges a client is based on common practice in that area, the amount of work that must be done, and the rules of the licensing agency that license the attorney. In order to go into Federal District Court on an employment complaint, your attorney will need to do many, many hours of work up front. Those hours of work need to be paid for, thus the charge of $4,500 up front (which probably does not cover half of the hours he will spend on your case). This is a very common way of payment for going into Federal District Court.

Very, very few attorneys will do that type of case for 100% contingency -- that is only getting paid if you win. The types of cases where attorneys charge in that manner are Personal Injury, where the issue is a car accident and in the end it is almost assured that the insurance co will pay -- the question is just how much.

How you get these up front fees is up to you and need not be discussed with your attorney. If you win then you would pay back the party that loaned you the money out of the amount you get. If you lose you will owe the person who advanced you the up front funds PLUS you will owe the attorney for any work done beyond what the $4,500 covered.

In my state, Illinois, $4,500 is a very low up front fee for a Federal District Court case. Good luck.

Charles Heard

This attorney is licensed in Texas. Posted 8 months ago.

Anyone wishing to have a lawyer's help needs to be prepared to pay for that help.

You noted you were poor, which means that you probably could not cash-flow what could be an expensive litigation process.

Some attorneys will, if they feel the probability of a good outcome is high enough, fund the litigation process out of their own pockets. It is reasonable to expect them to be paid for the risks they take in representing you.

What an attorney wants on a contingency fee basis runs in the range of 30-50% of the recovery, usually after expenses (hard costs) are deducted.

cheardlaw.com

Related Employment / Labor questions

employment law in WA state, employee's right to pursue claim against employer for hostile and harassing work environment - I work in a hostile, harassing work environment. I am a 50-ish office... more
2 answers. Bremerton, WA. Viewed 419 times. Posted 11 months ago in Employment / Labor

If an employer's payroll check bounced are the liable to pay fee associate with overdraft - So here it is. An employee takes her payroll check to RapidCash and cashes it. The payroll check from... more
2 answers. Portland, OR. Viewed 924 times. Posted about 1 year ago in Employment / Labor

Seeking lawyer in West Palm Beach FL area to help with enforcing marital settlement agreement - Divorce and marital agreement done in 2007. To date, former spouse has not lived up to the marital... more
1 answer. West Palm Beach, FL. Viewed 50 times. Posted about 1 year ago in Divorce / Separation