I am looking to get an opinion regarding the following paragraph:
---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---
Based on this, when would the 40% take effect in your opinion?
I am trying to find out if there would be a specific time or trigger event that would make the 40% come into effect.
I highly value everyone's input.
This is a contract question and I have changed the practice area. In language cited, 40% kicks in if there is a trial.
If this is a personal injury case, there is a statute that governs how much lawyers can collect in contingency cases; other than that what the attorney collects is whatever you agree to. In your case the attorney will collect 40% if the case proceeds to trial. Unless there is some other language in the contract, proceeding to trial sounds like it would mean any time after the case is placed on the trial calendar regardless of whether it is actually resolved by trial, i.e. when the case is ready for trial. Good luck!
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline