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I have a question in regards to a car accident settlement.

I have a question...

I have a question in regards ***** ***** car accident settlement.

Lawyer's Assistant: What state is this in? And how old is the car?

New york, an altima, not sure which year. But this matter was settle, I'm asking in regards ***** ***** other side of a settlement in relation to physical therapy (stuff like that)

Lawyer's Assistant: Has anything been filed or reported?

Yes, we've already settled the case. What I'd like to know is: I signed a contract with the attorney for 1/3 of the settlement, I would like to know if an attorney is entitled to more than 1/3 of the victim's settlement.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so at the moment

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Customer reply replied 1 month ago
The lawyer is charging me an additional fee for the no-fault claim, which I thought would be included in their percentage of the settlement, but it was not. A portion of their claim was allocated to an attorney who referred me to the firm she works for. An additional fee was taken for miscellaneous charges.
Answered in 7 days by:
3/12/2018
Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,754
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

Hello,

Thank you for the information and your question. The answer depends entirely on the exact terms of your written fee agreement. You will want to review that to determine if the firm can charges extra by way of expenses, filings, etc.. If you don't find anything in the agreement that allows for any charge over the contingency settlement, then you can pursue your options under the contract. In other words, if the agreement says you must handle a dispute via arbitration or mediation, that is how you will need to proceed.

On the other hand, if your agreement doesn't say how disputes under it will be handled, then you might first try writing a complaint to the New York State Bar about the fees issue and see if they can resolve it. Otherwise, you will need to file suit for the amount you think they overdeducted from your settlement. If you don't have a written agreement at all, then you would go ahead and try filing your complaint with the State Bar and then to suit if it doesn't get resolved with the Bar.

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Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 12th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Customer reply replied 1 month ago
Thank you for the explanation. What are the requirements for an attorney to legally charge a client a referral fee ("referring attorney")?

If the client is billed directly, then that would have to be in writing or discussed. I am not exactly sure what your scenario is. Most attorneys who never take on a case but just refer it to another attorney will have an agreement with the other attorney for them to pay a referral fee. However, if an attorney was hired by a client then later releases the case to another attorney, then the client still owes the first attorney for their fees and time for the period they represented them, even if the attorney didn't do very much. But again, that depends on the specific facts. If you fall into the latter situation and aren't clear about why you are being charged, then if you can't work it out with the attorney, you can file the complaint I mentioned.

Please don't forget to leave a positive rating in the 5 star box where the ratings are so that the Site will compensate me for my time. Thanks again

Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 20,754
Experience: Licensed Atty, 29 yrs exp in the practice of law.
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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).

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