Signed document for 40% conti. fee or lesser if deemed warranted.

Asked almost 3 years ago - South Bend, IN

I had to obtain a lawyer separate from my son-in-law, husband and 2 grandkids 2+ yrs ago.
Their lawyer did the bulk 85% if not more of the work and my lawyer was pretty much to go between for me. My lawyer sat in on a couple of depositions and asked a few questions and then made copies of all the depos, for me. He could have just re-made the cd he got from the clerk. I don't feel it fare that he wants to take 40%.We have 2 more doctors and the hospital to get thru in the next few weeks. Total possible of 9million.I get 10% of the settlement.(Az law). His contract even stated if he felt he should take less then he would.
What can I do.?

Attorney answers (4)

  1. Terrence Marc Rubino

    Pro

    Contributor Level 14

    4

    Lawyers agree

    1

    Answered . first, it sounds as though your family has suffered a profound tragedy and i hope that you all will find some measure of peace. second, your lawyer may have done alot more than you think. i am not carrying water for him but there is alot that goes into any case. i can vouch for the fact that insurance companies do not easily part with settlements especially seven figure ones. third, sit down with your lawyer and have a conversation. he must have been someone reputable or you probably wouldn't have hired him. keep in mind that the fee agreement does control the relationship ( obviously i haven't seen your agreement but the 40% probably becomes effective if there is a trial and it may be 1/3 if settled before trial - read it again). good luck and god bless your family.

  2. Nathaniel O Hubley

    Contributor Level 12

    3

    Lawyers agree

    Answered . It doesn't even sound like you have a problem at this point. The case hasn't settle and your attorney has stated what amount he is going to take. I think you should raise your concerns with your attorney. Best of luck.

  3. Raymond Scott Costantino

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Your written fee agreement will likely control the amount of the attorney fee. You should sit down with your attorney and discuss the fee. Good luck to you.

    The information provided by me should not be considered legal advice and does not establish an attorney-client... more
  4. Jeffrey Mark Adams

    Contributor Level 20

    3

    Lawyers agree

    Answered . Have a face to face with your attorney. Good luck.

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