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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114803
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband was in a wreck and it was work comp. The boys

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My husband was in a wreck and it was work comp. The boy's insurance offered 50,000 which was his coverage plus we have to pay back 25,000 in medical bills. We hired a lawyer before we took this offer and he is also suing my husband's employers UIM. WE picked up the check today from the boy's insurance and the lawyer took 33 1/3 of this. Is this correct? He did not have to do anything for this we were already getting this money.

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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