Rancho Cucamonga, CA asked in Legal Malpractice for California

Q: Is my lawyer double dipping ?

Case was settled , per our agreement lawyer took 40% however prior to having the accident , i had a supplemental insurance that i paid into for years in case bills werent covered due to an accident. Lawyer is now demanding 40% from my supplemental and 40% from the settlement. The check was put in trust fund before the settlement per his recommendation in case it needed to be returned. Lawyer states per Retainer Agreement, the firm charges a fee for the "gross settlement proceeds". I dnt feel its fair in anyway . He is getting more than me and i am the one who got hurt.

Related Topics:
3 Lawyer Answers

A: more info needed.

sometimes a lawyer gets more than the client.

did retainer say 40% of any money recovered?

i don't do that but some lawyers are piggish.

A: Not sure what "supplemental insurance" is. If that is underinsured motorist coverage, and the attorney had to work to get the insurer to pay, then you owe for the work performed. If something else is happening, contact the State Bar.

A: Doesn't sound fair, but it is legal - yes - it is not double dipping.

fees should be negotiated and they should be fair to all. asking the attorney for a reduction is not wrong.

especially if he gets more then you do. Plus 40% is rather high. Normally the fee range is 33% and sometimes even 25%, maybe this case required a lot of litigation with depos and discovery for them to justify 40%.

maybe you won't use them again and look for another attorney or recommend them to others. Our practice is to always offer reductions in fairness, I never take more than the client is offered and especially in policy limit cases that are low and medical bills are very high.

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.