This is a civil rights and personal injury case. Attorney wants 40-50% contingecy plus repayment of all his out of pocket expenses which are none to this point
Contingency fees vary. For example, my firm in Pennsyvlania only deducts a 29% fee and no costs, as we find those high fees morally reprehensible. A personal should not get hurt twice....once in the accident and a second time by a huge lawyer fee. You can see contingency fees listed on each lawyer's Avvo profile. Good luck.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Employment / Labor Attorney
The civil rights portion is more specialized so that is probably why the fee is so high. However, for a personal injury case, 40% is high in my opinion. You may want to have another attorney handle the personal injury portion so you will recover more money. I would be happy to provide you with a free case evaluation and lower fee quote. Please send me a private message.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement. You should seek the advice of competent counsel before taking any action related to your inquiry.
Personal Injury Lawyer
Our office rate is 33 1/3% in pre-litigation cases and 40% in litigation cases plus costs. With that said we lower that fee all the time so that we never receive higher compensation than our clients. So our fee agreement may say 40% but in the end the fee may only be 20-30% depending on the medical bills and the amount of total settlement.
Without knowing more about the case, it is hard to say what a fair fee is. I began my career as an associate in a firm where the contingency fee was 1/3 if settled before suit was filed; 40% if suit was filed, 45% if it got close to trial (pre-trial conference) and 50% if there was an appeal. I then moved on as an associate to a firm where the fee was one third for traffic accident cases and 40% for everything else.
Now that I have my own firm I charge 25% (regardless of how long it takes or if suit has to be filed or if the case goes to trial) for cases in which there is police report putting all blame on the other side and one third for other cases.
However, as Mr. Palmer mentioned, some personal injury lawyers, he and I included, don't want to take more than the client nets and thus we often voluntarily reduce our fees. However, other lawyers won't do this. So that is a big difference that may not be apparent from the retainer agreement.
You also asked about an hourly rate. Most personal injury work is not done on an hourly rate. But, if the Court is awarding fees in a civil rights case than the hourly rate become relevant. There is no one "going hourly rate" in Las Vegas.