When an attorney tries a case, what percentage of the $ amount if he wins does he request for himself? thanks
. of a serious bite f/pitbull mix dog. the bite was theatening the loss of a foot. he was bitten through his tennis shoe. the attorney want half of the settlement. is this reasonable? thanxx
Answers:
half is pretty high. The percentage is fixed by contract when the attorney agrees to take the case. The percentage varies some with the nature of the case, the likely damages and the likelihood of losing but half seems high. Most contingency fees range from 30-40 percent plus costs. However, if there is a good chance of recovering nothing, with a lot of work, an attorney might want to have half. Make a counter-offer of 35 percent and see if the attorney wants the case.
It depends on the case. If the likelihood of a win is small, the percentage will go up to make it worth taking the case. If it's complicated and will take a lot of time, the percentage also goes up. Sometimes if there's a prospect of a large award, an attorney will accept a smaller percentage. Typical amounts range from 10 to 30%. 50% is pretty high. You might want to shop around.
For contingency cases, most attorneys charge 1/3 of the settlement as their attorney fees. And also that the client repay any cost advances made back such as medical record fees, deposition fees, etc. I have never heard of a 50% fee unless the client signed up for that. There should of been a retainer agreement or contingency agreement signed in advance. And how much did they get? If they only won $2,000 and the deposition, filing and other fees cost a lot, then the attorney needs those thing paid back. Those costs don't go directly to the attorney though. Or if they signed an agreement to do an hourly rate. That's not normal for personal injury cases though.
By the way, dog bite cases are often times difficult to win, so maybe the attorney is basically saying they don't want to take your case b/c they don't think you have one. Go to another attorney.
that seems extremely unfair but it is true..if a lawyer takes you case, they have to expend huge amounts of resources for the process and it will not come out of their half..you should contact others to see what they charge.
discuss all aspect of their fee before signing with them some charge a percentage, but mostly they can charge what they want as most of us do not have the resources to pay them upfront.
Attorney fees can be a set hourly rate (for example, $150 an hour for legal services) or a contingency fee. If it is a contingent fee, the attorney doesn't recover any fee unless he/she is successful in getting you a settlement or trial award. Usual contingent fee is 1/3 (but 40% is becoming more common). Attorney also would request his/her costs (because the contingent fee attorney is paying the costs -- filing fees, etc -- rather than you paying the costs of the case).
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