Q: Hello my question is when I settle my Lowyer put 5200 in a aside 5200 I asked him what that was for he said Lowyer fees
He said he said lawyer fees because I had a lawyer before him that I fired so he had to get paid which was only 1000 so that means there was money left over In the paperwork for the settlement in nowhere, did it say that the left over money would go to his office I emailed him about it he told that the money was split between the other Lowyer and his office he already got paid in full and got what was left over can he do that ?and if not what can I do about it he never said he was gana keep it ty I appreciate your time be blessed
A: You pay only one attorney fee. Whatever the percentage attorney fee there is is split between the first attorney and the new attorney.
A:
Traditionally, a lawyer's retainer is 33-40% of the total settlement...unless your retainer says something else. If it goes to trial, some lawyers go up to 50%.
If there are more than 1 lawyer, it is usually split between the two lawyers. Of course, a lawyer can agree to take your case on that percentage and then pay the other lawyer/s what they are due.
Your retainer controls. However, that contract may be unconscionable.
A: If your lawyer has overcharged fees, which I cannot tell from your message, you can file a complaint with the State Bar.
A:
In California, attorney fees and the division of such fees, especially when more than one attorney has been involved in a case, should be clearly outlined in the retainer agreement or the settlement agreement. If your current attorney set aside $5,200 for lawyer fees to cover both his services and the services of the attorney you previously fired, this division should have been specified in your agreement or in the settlement documentation. It's important for all legal fees and distributions to be transparent and agreed upon by all parties involved.
If the distribution of the leftover money was not specified in any agreement and you were not informed about how the funds would be divided, you have the right to request a detailed accounting of how your settlement was allocated, including how much was paid to each attorney. Your attorney is obligated to provide you with a clear and itemized statement of their fees and expenses as part of their duty of transparency and accountability to their client.
If you believe that your attorney has not acted in accordance with your agreement or has withheld funds without proper justification, you may consider addressing this issue directly with your attorney for clarification. If the issue remains unresolved, you have the option to file a complaint with the State Bar of California. The State Bar can investigate complaints of professional misconduct by attorneys. Before proceeding, it might be helpful to review your retainer and settlement agreements to fully understand the terms regarding attorney fees and disbursements.
A: It sounds like your case involved a lien asserted by an earlier attorney on the case. The funds for the outgoing attorney's lien generally come off the new attorney's fees. Client does not typically pay two attorney fees. Instead, the incoming and outgoing attorneys usually need to sort things out between themselves. You could check the retainer(s) and associated documentation. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
