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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19132
Experience:  B.A.; M.B.A.; J.D.
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If a friend(attorney) referred me to an attorney to handle

Customer Question

If a friend(attorney) referred me to an attorney to handle my wrongful death claim collected an amount could I ask him for what he received? Should that not go to me
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: Tampa Fl . And I don't have any records anymore but I can get copies. I got very little settlement monies
JA: Has anything been filed or reported?
Customer: What do you mean
JA: What confuses you?
Customer: Case was settled in in 2014
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if amount my friend got and he did not take case can be given to me
Submitted: 12 days ago.
Category: Legal
Expert:  FamilyAttorney replied 12 days ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

Expert:  FamilyAttorney replied 12 days ago.

Can you please tell me, were/are you paying your attorney a fee on a contingency basis, such as 1/3 of the settlement you received?

Customer: replied 12 days ago.
No
Expert:  FamilyAttorney replied 12 days ago.

Okay thank you. So you're paying your lawyer a flat fee the, right?

Also, the settlement itself -- do you have any idea how much the settlement was for -- the total amount of the settlement?

Customer: replied 12 days ago.
145,000
Customer: replied 12 days ago.
The friend received 32,000
Customer: replied 12 days ago.
Should he have given it to me
Expert:  FamilyAttorney replied 12 days ago.

Thank you.

You need to find out from your lawyer if the full settlement was $145,00 or if the full settlement was $177,000. If it was $177,000, and it wasn't a contingency, you're entitled to all of it.

If your lawyer wanted to pay your friend a referral fee, that money had to come out of YOUR lawyer's retainer, not out of your settlement. If it came out of your settlement, that is not ethical.

Yes, he should have given it to you IF it is part of the settlement. Do you have the document to show how much the settlement was for?

Expert:  FamilyAttorney replied 12 days ago.

It would help me to know how much the settlement was for. If it was for $177,000, then you are entitled to all of it. Do you know how much it was for?

Expert:  FamilyAttorney replied 12 days ago.

I can't answer this question without additional information as I had requested, so I am going to opt out. Another expert will answer your question. Good luck to you.

Expert:  Phillips Esq. replied 6 days ago.

Hello: This isCustomer Welcome to Justanswer! I will be further assisting you with your post.

Expert:  Phillips Esq. replied 6 days ago.

My deepest sympathies for your loss.

Your Questions:

If a friend(attorney) referred me to an attorney to handle my wrongful death claim collected an amount could I ask him for what he received?

Response 1: Yes, you can.

Should that not go to me

Response 2: No,because is common practice for an Attorney to receive a fee for referring a case to another Attorney. However, the referral fee would come out of the fee of the Attorney who actually worked on your case and this arrangement must have been made clear to you before the settlement. See Florida Rules of Professional Conduct RULE 4-1.5.

Best wishes,