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Attorney answers (4)
Reputation Level 8
Answered almost 4 years ago.
Personal Injury Lawyer in Tacoma, WA.
The percentage your attorney is receiving should be covered in the contingency fee agreement. Assuming you did sign a fee agreement when you hired your attorney, you will most likely be held to the terms. If you have not already done so, you should raise your concerns about the fee with your lawyer and allow him or her the opportunity to address them.
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Reputation Level 10
Answered almost 4 years ago.
Personal Injury Lawyer in Rancho Cucamonga, CA.
In addition to the previous answer which I completely agree with, if you signed a fee agreement (typically somehwere in the 33-40% range) that is your fee. A court will not rule in your favor unless the fee in considered to be unconsionable. To answer the second part of your question with regard to delaying your receipt of settlement funds; the answer is yes. You could experience a delay if you choose to litigate the fee.
Reputation Level 9
Answered almost 4 years ago.
Personal Injury Lawyer in Seattle, WA.
Why do you want the judge to review the contingent fee? You have a right to do this under RCW 4.24.005 but absent some unusual facts it doesn't make sense. If you want to discuss in more detail, feel free to send me an email directly.
You have an absolute right to have a court review the reasonableness of the fee. In Washington, RCW 4.24.005 allows this. The Rules of Professional Conduct also requires that all attorney fees be reasonable. See RPC 1.5. Contingent fees must be in writing as well. If you have a written fee agreement that you signed, you should try to decide why that agreement is no longer fair. You should discuss your concerns with your lawyer. He or she may be able to explain the basis for the fee. In contingent fee cases, part of the consideration might be based on the fact that the lawyer risks not getting paid at all. Your lawyer should be willing to address these concerns with you.
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