33.3% Why do they say 40%

[Kristi Ski]

What is the name of your state? CA

My husband was in an auto accident. His settlement was $200,000.00. This of course is before medical & lawyers fees. Now, we have received the lawyers itemized statement which states 40% to the lawyer, my husband to receive $90846.00 and the medical bills are $33240.00, which doesn't compute when you look at the settlement of 200,000.00. When he signed the contract between the lawyer & my husband, it stated 33.3% to the lawyer. Which I understand is the normal going rate. How does it change from 33.3% to 40%? (which is stated on the itemized billing from the lawyer.) I don't want to sound like we are not trusting, or money hungry, but we are looking at what is fair and what should go to my husband, but this all doesn't compute. Not to mention make a lot of sense from the original signed contract. Also, does the lawyer's office bill for stuff like, faxing, mailing, and supplies, outside the 33.3%? And does it seem right for a bottle of Ibuprofen 800mg, 200 count cost 200+ dollars, retail? These are some type of questions we have. Not to mention the 40%. (Which I probably already said.)

I don't know what to think of all of this, so I told my husband to ask his lawyer for the acutal billing from all doctors, imaging, medical supplies, etc. Is this a resonalbe request to ask the lawyers office?

I hope I have made sense and that you are able to understand my thread.

Thank you so very kindly for your response,

~ K-Ski

 

[Kristi Ski]

Please Help-

If Someone could please resond - After reading the contract it says somthing to the effect of 33.3% in before 90% of execution. This lawyer did not do much really if I really think about it. Is there anyway that we could plead our case and only pay hime the 33.3%? Otherwise, I think this guy is a very shady character and that he drew this out so that it would have to come to the 40%. What a crook.

 

[Litigation!]

What is the name of your state? CA

My husband was in an auto accident. His settlement was $200,000.00. This of course is before medical & lawyers fees. Now, we have received the lawyers itemized statement which states 40% to the lawyer, my husband to receive $90846.00 and the medical bills are $33240.00, which doesn't compute when you look at the settlement of 200,000.00. When he signed the contract between the lawyer & my husband, it stated 33.3% to the lawyer. Which I understand is the normal going rate. How does it change from 33.3% to 40%? (which is stated on the itemized billing from the lawyer.) I don't want to sound like we are not trusting, or money hungry, but we are looking at what is fair and what should go to my husband, but this all doesn't compute. Not to mention make a lot of sense from the original signed contract. Also, does the lawyer's office bill for stuff like, faxing, mailing, and supplies, outside the 33.3%? And does it seem right for a bottle of Ibuprofen 800mg, 200 count cost 200+ dollars, retail? These are some type of questions we have. Not to mention the 40%. (Which I probably already said.)

I don't know what to think of all of this, so I told my husband to ask his lawyer for the acutal billing from all doctors, imaging, medical supplies, etc. Is this a resonalbe request to ask the lawyers office?

I hope I have made sense and that you are able to understand my thread.

Thank you so very kindly for your response,

~ K-Ski

My response:

Did the case move from the pre-litigation stage into litigation? Does it mention in the written contract that the fee changes when the claim goes to litigation or arbitration?

IAAL

 

[Kristi Ski]

We Got Our Answere

Thank you for your response. We got our answer that after 90 days it goes to 40%. I don't remember that, but it states that in the contract. What a rip, in my opinion.

 

[You Are Guilty]

Thank you for your response. We got our answer that after 90 days it goes to 40%. I don't remember that, but it states that in the contract. What a rip, in my opinion.

Not to belabor the obvious here, but if it's such a "rip", why did you sign the contract?

 

[Litigation!]

Thank you for your response. We got our answer that after 90 days it goes to 40%. I don't remember that, but it states that in the contract. What a rip, in my opinion.

My response:

Please quote the EXACT words from the Retainer Agreement concerning fees.

IAAL

 

[Litigation!]

Thank you for your response. We got our answer that after 90 days it goes to 40%. I don't remember that, but it states that in the contract. What a rip, in my opinion.

My response:

Without seeing the actual verbiage in the contract, it would appear that the attorney is, in fact, charging an outrageous fee. A fee that is dependant on "time" seems to me to cause a "conflict". There are too many factors why I think this is so, but one or two immediately come to mind:

1. I've rarely seen a personal injury case settle within 90 days; depending upon the complexity of the claim, the investigation ALONE might take 90 or more days! I'll bet this attorney's settlements are 99% AFTER the 90 days has expired.

2. The client's claim is caused to be dependant upon other people's "swiftness", taking the control our of the attorney's hands, and placing that control in the hands of third persons; e.g., the adjuster, the opposing party, etc. When "control" is lost, that causes a conflict of interest, pitting the client against the other parties to "hurry up", and when they don't, the attorney gains from that "delay." That's a no no.

Settlements of claims is not a "race" and this attorney is placing self-serving "time constraints" on your claim, that can only benefit the attorney, IN ADDITION to those required by the Legislature; e.g., Statutes of Limitations.

So, I'd like to see the Fee provisions of the contract.


IAAL

 

[weenor]

I will add that in least in my jurisdiction is very common to see 40%, 45% and even 50% contingency fee contracts. It is much more unsual these days to see a 331/3% here.

 

[Litigation!]

I will add that in least in my jurisdiction is very common to see 40%, 45% and even 50% contingency fee contracts. It is much more unsual these days to see a 331/3% here.

My response:

That's all very fine and well, and thanks for your input, but that's not what we're talking about.

This ISSUE is how the "jump" was made by the attorney, from 33 1/3 to 40%.

IAAL

 

[weenor]

My response:

That's all very fine and well, and thanks for your input, but that's not what we're talking about.

This ISSUE is how the "jump" was made by the attorney, from 33 1/3 to 40%.

IAAL

Oh I understand...it will be interesting to see if OP comes back. I would be suprised though if any lawyer would be that braizen. For $200,000.00 on $34,000.00 in meds there were some serious liability issues and dude was busted up pretty good. Wonder how much was wage loss? Anyway I digress, it would have been obvious on this kind of case that it could not have been resolved in 90 days..so if what she says is true...somebody's been a bad boy

 

[Litigation!]

it will be interesting to see if OP comes back.

it would have been obvious on this kind of case that it could not have been resolved in 90 days..so if what she says is true...somebody's been a bad boy

My response:

Why am I getting the impression that the writer IS the attorney, giving us a theoretical situation, and trying to see if such a fee would "fly"?

I guess that's my theory, given the fact that an otherwise interested writer hasn't come back; e.g., someone who'd like to hash out whether their husband is entitled to more money. It seems suspicious now; and also, when asked, doesn't write the contract verbiage. Very odd.

IAAL

 

[weenor]

My response:

Why am I getting the impression that the writer IS the attorney, giving us a theoretical situation, and trying to see if such a fee would "fly"?

I guess that's my theory, given the fact that an otherwise interested writer hasn't come back; e.g., someone who'd like to hash out whether their husband is entitled to more money. It seems suspicious now; and also, when asked, doesn't write the contract verbiage. Very odd.

IAAL

Could be...but geesh call the bar association- ....Or OP did not read the contract carefully, went back and reread and was embarassed...If I had a dime for everyone of them that agreed up front and then pitched a fit about the fee when they got their money, I'd be rich....How come you get so much?... what did you do?...why was it $1,000.00 for one little doctor's deposition?...why do I have to pay back the health insurance company?
...whine..whine...whine. We didn't even charge for copies, postage or mileage!

 

[Kristi Ski]

I'm On It!

No, I'm not an atorney. But I'm flattered... I think.

I have to be honest. I had forgotten all about this. And after reading your very interesting conversation, I would very much like your opinions on what is stated in the contract and what, if anything we can do at this point. Would you both be interested if I was able to get that information for you? And, is there anyway we can make this a little more private?

~K Ski