Hello and thank you for entrusting me to answer your question. I am sorry to hear you are having trouble getting your settlement money and that you believe the fee charged is too high.

The New Jersey Rules of Ethics governing client-lawyer fee agreements states very little on the subject of fee amounts. The only rule explicitly covering all fee agreements is RPC 1.5(a), which requires, inter alia, that a fee be "reasonable."

Although a 40% contingency fee is high, it will likely not be regarded as unreasonable, especially if the litigation has progressed close to trial. Indeed, I am aware of numerous attorneys who charge such rates.

You may have checked for Medicare liens, but that may not be the only potential source of unresolved liens. Chiropractors, hospitals, and physicians often work on a lien basis and so outstanding liens may exist for their treatment. In any event, "wrapping up" a settlement can take several days if not longer, since releases need to be signed, papers mailed, etc.

Your attorney has an ethical obligation to keep you updated on the status of your case and respond to your communications. An individual in your circumstance can continue contacting your attorney with requests on status, which may help move things along. Very likely though, these delays are outside of the attorney's control, and the settlement funds should get to you shortly.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.