Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

If offer made by defense is accepted by plaintiff in a contingency

contract, how are the proceeds...
If offer made by defense is accepted by plaintiff in a contingency contract, how are the proceeds distributed and in what order?
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
6/19/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,527
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Ultimately a contingency fee agreement depends on the wording of the agreement itself. It should clearly state the percentage that the attorney is going to get, how costs are allocated, etc... Most contingency fee agreements will take the expenses off the top, then have 1/3 go to the attorney and 2/3 go to the client (assuming a 1/3 contingency, of course). But it could be that the expenses get paid by the client's share, so that it's 2/3 minus the expenses, and a full 1/3 goes to the attorney.

ScottyMacEsq :

Now the check will get paid to the attorney, which will go into that attorney's client trust account (or a specific trust account, if applicable).

ScottyMacEsq :

Then the attorney will send a bill and generally seek approval of the bill and proposed distribution, but the attorney may distribute those funds that are clearly due to you and to the attorney, and could retain a portion that could be disputed (such as those for costs).

ScottyMacEsq :

Again, this really depends on the language of the contingency fee agreement itself, in how the money is distributed. But all the attorneys I know will take possession of the payout from the other side, put it into trust, and pay it from the firm account.

Customer:

What expenses ?

ScottyMacEsq :

Filing fees, depositions, copying, fax, etc...

Customer:

Most contingency fee agreements will take the expenses off the top

ScottyMacEsq :

Yes.

ScottyMacEsq :

Expenses are different than attorney fees.

ScottyMacEsq :

Expenses are those things that don't go to the attorney, but are actual costs of pursuing the lawsuit.

ScottyMacEsq :

The attorney fees are those funds paid to the attorney, that the attorney gets to "take home".

ScottyMacEsq :

The further you are in your litigation (i.e. if you have already filed the lawsuit, had depositions, etc...) the expenses would be higher.

ScottyMacEsq :

Does that clear things up?

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (>20 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,527
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,527
17,527 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
This is a question for a litigation lawyer. my question is i
This is a question for a litigation lawyer. Hi my question is i have a open lawsuit with the city DEP my business was in the sandy storm and lost a lot of our merchandise. It was an online business. T… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I need to file a motion to stay for a Writ of Possession in
I need to file a motion to stay for a Writ of Possession in TN. Is there a fillable form available that you know of? … read more
Lori
Lori
Juris Doctor
312 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
I need a few recommendations for trust breach litigation
I need a few recommendations for trust breach litigation representation in or near Aurora Illinois. Thank you … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am a Pro Se Litigant. I filed an affidavit in opposition
I am a Pro Se Litigant. I filed an affidavit in opposition and a Cross Motion in Response to an OSC. I filed on time and included all the necessary information - however in the caption I wrote "Affida… read more
Lori
Lori
Juris Doctor
312 satisfied customers
I have just been notified by a litigation office that I will
I have just been notified by a litigation office that I will be served for a non-payment of a personal check from me that so called happened over 15 yrs. ago. The amount was said to be for 800. Now th… read more
Lori
Lori
Juris Doctor
312 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,389 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
This is a litigation question. I represent a woman who fell
This is a litigation question. I represent a woman who fell in an elevator accident in October or 2011. Her primary injury was to her ankle including tendon. She has extensive problems with other part… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a judge adjudicate a litigation between someone who is
can a judge adjudicate a litigation between someone who is under his supervision and that person's probation officer ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Can a buyer who completed pof a home with possession but
Can a buyer who completed pof a home with possession but pending conveyance ofvtitle … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My land is in litigation only l have a movable doublewide
my land is in litigation only l have a movable doublewide mobile home on the property. Can I be evicted off the property and is it legal to put a lock on my home where i cannot get to my personal cont… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a litigation secretary at a law firm and started on
I am a litigation secretary at a law firm and started on August 14, 2017 and was told verbally that I would need to go online and enroll in my medical benefits by September 7, 2017. At the end of Augu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I was a trustee/defendant in a probate litigation. The
I was a trustee/defendant in a probate litigation. The plaintiff's attorney accused me of staging a burglary. The police in that jurisdiction conducted a thorough investigation and found that the burg… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
QUESTIONS FOR A TEXAS LITIGATION ATTORNEY We are the Country
QUESTIONS FOR A TEXAS LITIGATION ATTORNEYGood morning,We are the Hill Country Council on Alcohol and Drug Abuse, Inc. located in Kerrville, Texas. We provide treatment and other services such as colle… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x