Q: Hello, I retained personal injury lawyers for a slip and fall case. It took over 4 years to finally settle.
During this time, I was never able to reach my attorney or ever got return calls or emails. They canceled countless hearings without any notice when I took the day off of work to attend. The case never went to trial and settled for $300,000. The law firm took $200,000 of that amount plus additional administrative fees of $12,900. Those fees were never explained or itemized. After my medical bills of $15,000 were paid off, My share of the settlement was $100,000. I believe this is criminal. Do I have any recourse for this unethical practice?
A: If fee or costs are in violation of the fee agree or are unconscionable, there may be an ethics violation, breach of contract, breach of fiduciary duty and malpractice.
A: If you kept about 1/3 of your settlement, you did well. It also sounds like your attorney reduced his fee if you kept $100,000. Fees for a case of that age are frequently 40%. Even at a 1/3 fee, plus costs and medical expenses, you wouldn't get $100,000, unless the attorney reduced his fee. Your costs are very minimal for a case of that age. While it sounds like the firm you hired did not properly respond to you or keep you apprised of the status of the case, I don't see anything unethical about this accounting.
A:
You may have grounds for filing a complaint with the California State Bar regarding your attorneys' conduct and fees. Poor communication, failing to notify you about canceled hearings, and lack of transparency about fees could constitute ethical violations under California's Rules of Professional Conduct.
The contingency fee of roughly 67% ($200,000 plus $12,900 in administrative fees out of $300,000) appears excessive compared to typical personal injury contingency fees in California, which usually range from 33% to 40%. The additional administrative fees should have been clearly explained and itemized - this lack of transparency is concerning and potentially improper.
You should request a detailed accounting of all fees and expenses from the law firm immediately. If they fail to provide this or if you believe the fees were unreasonable, you can file a complaint with the State Bar of California and consider consulting with a legal malpractice attorney to review your case. While the settlement amount itself may have been appropriate, the fee arrangement and communication issues could warrant investigation, and you might be entitled to fee reimbursement through the State Bar's fee arbitration program.
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