Fees: The fee percentagge shall be thirty-eight percent (38.0%) of any amount received (gross recovery), by settlement or judgement exclusive of costs, unless appeal is required, at which time a separate agreement for the fee percentage shal be made. Out of pocket expenses shall be paid by the client att the time of settlement.
He has been paid his $38,000 and his $745 in expenses. We are not disputing the charges agreed to in the agreement. He got paid. This is an additional fee that we knew nothing about.
Fee Disputes: The client shall first contact his attorney with any questions concerning the charges agreed to in this agreement. Any dispute or question that remains unresolved shall be set forth in writing by both the attorney and the client and delivered to the other party. If they do not agree on the resolution of the questions, the client or the attorney shall have this matter arbitrated by the committee on the Resolution of Fee Disputes. The Committee on the Resolution of Fee Disputes may be reached through the offices of the Wyoming State Bar Association in Cheyenne, Wyoming. Thereafter, the client or the attorney may have recourse to the district court as provided by the Wyoming Supreme Court Rules governing Contingent Fees for members of the Wyoming State Bar.
Statement Upon Distribution: At the time of final distribution of the proceeds of the claim or litigation, the attorney shall prepare and the client shall approve by signature, a final settlement accounting. The statement of Distribution shall include: The source of the funds, the total amount of the recovery or settlement, the contingency percentage, the total costs, the proceeds to the client, the amount held in reserve, if any, for costs which have not yet been billed and a statement of the period during which such a reserve shall be held in trust, liens, if any, and the amount to be paid by the client.
We did not get a prepared statement of final settlement accounting, as mentioned above, and we did not sign anything regarding a final statement of distribution.
He is out of the office all next week. Would this fall under arbitration? I would not think so because it has nothing to do with the previously agreed upon ("the charges agreed to in this agreement") fees. He did this out of spite and did not follow the conditions set forth in our agreement. Can I take him to small claims court? The limit in Wyoming is $6,000 and I want that $5,000. As far as I am concerned, he stole from my wife.
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