How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 36505
Experience:  25 years of experience helping people like you.
9968427
Type Your Personal Injury Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

I received a partial settlement on a lawsuit and my lawyer

Resolved Question:

I received a partial settlement on a lawsuit and my lawyer took out his percentage First. Then he paid out the expenses which in essence has me now paying 33% for expenses. Should he have reimbursed 3rd parties for their expenses first then take his percentage out? By taking his percentage first, I am now having to pay out of my pocket 33% for expenses to make up what they are owed.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Louisiana law requires that a contingency fee for a personal injury action be in writing. Do you have a written retainer agreement?

Customer: replied 1 year ago.


Let me see what I have

Expert:  FiveStarLaw replied 1 year ago.

Great – Typical language would state the following: "33.3% of gross recovery if settled prior to filing suit"

 

Please let me know so we can continue our discussion

Customer: replied 1 year ago.


Let me scan and attach rather than try to type it all in..


 

Expert:  FiveStarLaw replied 1 year ago.

ok - please redact your identifying information
Customer: replied 1 year ago.

Attachment: 2013-08-23_134343_fees2.pdf

Please let me know if you cannot see the image.

Expert:  FiveStarLaw replied 1 year ago.
I have the document open. Please give me a moment to review
Customer: replied 1 year ago.

My thought process is this:


If I have $300,000 in medical expenses and ask for $150,000 in pain and suffering and receive these amounts I am paying out of my pocket for medical expenses.


Ex: From the $300k lawyer gets $100k and from the $150k he gets $50k. So I have to pay the insurance company back for medical expenses $300k. Now I have to take the $100k left from my pain and suffering and add to the medical expenses to pay them their full $300k.


 


I have to leave for about 30 minutes. I will be back then if that's ok?


 

Expert:  FiveStarLaw replied 1 year ago.

Unfortunately the retainer agreement states that the fee will be based upon the gross settlement.

Paragraph 4 states in pertinent part: "All percentages shall be assessed upon the gross amount of any recovery. All costs and expenses incurred shall be paid from clients percentage".

It is not unusual that the contingency fee would be payable based upon the gross proceeds. However that said, often an attorney is willing to negotiate the costs in order to maintain the goodwill of a client

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 1 year ago.


Thanks, XXXXX XXXXX worried that would be the answer. Just seems Ethically they wouldn't be allowed to do something like that.


Thanks for the help.


 


LUis

Expert:  FiveStarLaw replied 1 year ago.

I agree however Louisiana and most other states have ruled otherwise..

You can consider not accepting the settlement if you do not agree that your payout is sufficient. This may encourage the attorney to reduce his fees
FiveStarLaw, Attorney
Satisfied Customers: 36505
Experience: 25 years of experience helping people like you.
FiveStarLaw and 3 other Personal Injury Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    881
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    514
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    384
    I provide basic personal injury advice to my clients in my own practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    379
    I have 30 years of legal and litigation experience.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    366
    20 years experience in personal injury law - both plaintiff and defense
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    361
    Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Attorney

    Satisfied Customers:

    347
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
 
 
 

Related Personal Injury Law Questions