Q: if I signed an agreement with mva attorney for them to receive a certain percentage yet they take more than agreement ?
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email anyway , I was charged for medical records, court filing fees and summons and compliant filing fees which I feel should have already been included in attorneys fees not charged separately!
What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.
Certain costs may be required to be paid for by the client, if provided for in the fee agreement. An example of costs paid for by the client or out of the client's portion are filing fees and medical records,
If an attorney did not incur a fee, such as emailed instead of mail, they may not charge for that. Some costs, such as normal postage, might be considered attorney overhead and should not be charged to the client absent a written agreement.
A: Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your attorney agreed on. Good luck
Jonathan R. Ratchik agrees with this answer
A: Most contingency fee retainer agreements provide for an attorney fee to equal 1/3 of the settlement amount AND reimbursement for any costs incurred by the attorney in prosecuting the case, e.g. court fees, medical record fees, expert witness fees, etc. Your attorney should have provided you with a copy of a Closing Statement itemizing all of the costs incurred on your behalf. If you have an issue with them, take them up with your lawyer.
Tim Akpinar agrees with this answer
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