Sorry about your predicament. Assuming the retainer agreement conforms with Kansas law it controls. You need to read the agreement again. Of course, your attorney should answer any question. This is not a unique circumstance. Any lawyer who practices personal injury law with regularity has faced these issues. Like most of my colleagues, I am sure we have made exceptions and modifications to the agreement. Good luck.
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Read your contract. It is normally 1/3 of total recovery. If he gets 1/3 of what's left, why would he take the case. What if judgment is amount of bills. He would not get anything.
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I'm not familiar with all of the terms of your contract with you attorney, but It sounds like it contract provided that your attorney would receive 33% of $11,500, which is $3,795. Did he reduce his/her fees by $495, or did he/she also deduct some other costs before determining net?
I personally try not to charge more in fees than the client receives as a net recovery, but that is not always possible. You can always ask your attorney to reduce his fee some reasonable amount.
S. David Rosenthal
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
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