Q: I feel cheated &taking advantage of by previous att.. Out of a 50 thousand dollor lawsuit what percent goes to attorney
A:
Whenever litigating "contingent fee" cases The Florida Bar requires all licensed attorneys to enter into very clear written representation agreements explaining all terms and conditions of the representation including who pays the litigation expense and explaining the various percentages of attorney fees due if the case succeeds at trial and/or on appeal, based upon the gross recovery. The last time I looked, the attorney who recovers $50,000 for a client is entitled to take up to 40% of the NET amount left over--after they are reimbursed for all litigation expenses and costs expended. The
lawyer is also required to give each client a full accounting of everything.
Reading between the lines here, the disconnect probably occurred when you received less than 60% of the $50,000 (i.e., $30,000)--because your lawyer deducted their litigation costs and expenses from the $50,000 BEFORE giving you 60% of whatever was left over.
A:
This should be outlined in the retainer. The attorney fee should be plain enough in terms of a percentage based upon settlement or going to trial. Other parts of the equation could be filled in by your attorney explaining case expenses, liens, or other costs.
Tim Akpinar
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