Q: I was a victim in an auto accident my lawyer sent discovery papers ins tendered $ why would I have to pay attorney 40% i
The fee is 33% 40% if it goes to litigation there was no deposition my lawyer sent discovery papers and the man who actually hit me hisinsurance co tenders the money even my lawyer was surprised have not been to see my lawyer yet they just got $ and said I was being charged the 40% is there something wrong with this picture I feel like I am being ripped off by my attorney I was told it was in litigation but once the other insurance co received my discovery papers they tendered the $ is this legal that they can do this my lawyer screed up so bad with my case I caught a 50,000 dollar error that they had to eat and deduct from my bill please help me understand this thank you kindly for reading my letter. Debbie
A: If the lawyer started a lawsuit, i.e. served a summons and complaint, your case was in litigation. The 40% would then be appropriate. Any questions you have about the fee should be addressed to your lawyer.
A: The fee went to 40% because the risk to the lawyer, who paid all costs associated with the lawsuit, went up. This should be clearly spelled out in your contingency fee agreement and representation contract. Also, your lawyer should have no issues in detailing why the fee was raised and how the settlement award will be distributed.
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