Q: In a malpractice case is it "required' to take the % off the net amount - settlement minus costs -Statute 7.095
So if the settlement is $50,00 and the fees are $10,000 I believe they must deduct the $10,000 and then take their 40% of $40,000,even if my son signed an agreement in 2015- in his ignorance - that says otherwise
A: Unless it is a medical malpractice, the fee agreement determines when the percentage is calculated, before or after costs. If it does not say, then it is whatever benefits the client the most.
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