Q: I just settled a estate case on contingency. We settled on the first day of trial in 3 hours. My lawyer is taking 40%.
He also negotiated on day of settlement for an additional $50k to offset fees? I thought he was getting this from Defendant only. He now states it’s coming off top of net proceeds!? Isn’t that double dipping for fees?
A:
You need to understand that the day you arrive for trial, the attorney has already done most of the very substantial work to prepare for that trial. You don't begin to prepare for trial on the first day, there are Court imposed requirements for submitting briefs, exhibit and witness lists and many other pre trial documents. By the first day, 80% of the work is already done, and your attorney has probably earned his 40%. If you believe you are being unfairly charged the County bar Association and the California Bar association have Fee arbitration panels that will review your case and hold a hearing over what you dispute. Contact them.
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