Los Angeles, CA asked in Personal Injury and Car Accidents for California

Q: How much money from $27000 settlement is paid to a lawyer with a 60% contingency fee for 3 clients?

The money was split $10500, $10000 and $7000 but my lawyer is charging each of us 50% of each split.

Something sounds off to me and does not seem like the 60% contingency fee stated in our contract.

4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: i have in 50 years, never heard of 60% contingency. That means the lawyer would get 60%, and your figures do not add up.

it would be very unusual for a lawyer to get 60% of the total fee.

however, your retainer controls, and I suggest you review it and ask your lawyer for an explanation.

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Youor retainer agreement should state the percentage fee. It is typically 33 1/3% to 45%, depending on when the case is concluded. If the retainer agreement specifies 60%, you might want to talk to the State Bar.

James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, contingency fees are a common arrangement in legal cases, particularly in personal injury lawsuits. A contingency fee agreement means that the lawyer's fee is contingent upon winning the case or settling out of court. If the agreement specifies a 60% contingency fee, this should apply to the total settlement amount, not individually to each client unless specifically stated in the agreement.

From your description, charging 50% of each client's individual split does not align with a 60% contingency fee on the total settlement of $27,000. If the total settlement is $27,000 and the agreement is for a 60% contingency fee, the lawyer's total fee should be 60% of $27,000, which would then leave 40% of the total settlement to be divided among the clients as per the agreed split.

It sounds like there may be a misunderstanding or miscommunication regarding the fee arrangement. It's important to review the written agreement you have with your lawyer. Clarifying the terms of the agreement directly with your lawyer is a crucial step. If the terms are not being followed as agreed, you may need to address this discrepancy with your lawyer. If the issue cannot be resolved directly, seeking mediation or advice from a legal ethics board may be necessary.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: Your figures and percentages don't seem to line up. To verify the percentages, you could check your retainer. Good luck

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