Sacramento, CA asked in Civil Litigation for California

Q: How come an attorney was awarded 90% in feees and we were awarded 10% in damages

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1 Lawyer Answer
Glen D. Duvel
Glen D. Duvel
  • Santa Ana, CA
  • Licensed in California

A: I cannot answer this question without knowing what type of case you had. If it was a case without an attorney's fee provision, the attorney should only be entitled to recover his contracted contingency from the result. For example, if the case settled for $100,000, and the attorney did it for a 1/3 contingency, he should get $33,300 in fees. However, some cases, like hour and wage cases, provide for attorney's fees. If the case was successfully tried, the party would receive his damages, and the plaintiff's attorney would be entitled to court approved reasonable attorney's fees from the defendant. It is not uncommon for those approved attorney's fees to be significantly more than the damages awarded the party itself.

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