In general, unless your fee agreement stated otherwise, 33 1/3 is the typical fee that pretty much every personal injury attorney charges and they charge this on the whole settlement. Some attorneys are more moral than others and will give you a discount on that based on the 25% that most insurance companies give them for recovering medical expenses for the insurance company, but there is no rule saying they must do so. Also, attorneys in general will not take a fee off of what the client has already negotiated themselves and THIS would be grounds for you to dispute his fee on this part of the settlement unless you have a written fee agreement to the contrary as you hired him to only pursue the UM claim and that is the fee he would be entitled to. Under bar rules, the attorney's fee should be based off of the actual work done and since he did no work for this settlement, he would not be entitled to fees for it under the rules of professional conduct and you need to mention this to him and if he refuses then you can file for fee dispute mediation through the bar association since he did absolutely no work for this settlement and you negotiated it yourself. You also need to review that agreement, since the 33 1/3 fee is the standard personal injury fee without filing suit or going to trial.
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