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  #1  
Old 11-21-2006, 09:15 AM
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Litigation Expenses and Fees Question?


What is the name of your state? Massachusetts (but the accident and lawyer are in Arkansas)

I recently got my paperwork from my lawyer and the check and liability release from the company I settled with. I have to sign a "settlement disbursement aggreement" basically saying how much the lawyer gets...looks like this...
1. Settlement proceeds 10k
2. Liens...none
3. Litigation Expenses & Advances
Advances $605.16
Expenses $21.13
4. Attorney fee
$3,333.33
net settlement $6040.38

So he gets his 1/3 fee....fine
Expenses are minimal for postage and phone calls and copying....fine.
"Advances" ---what is this for?????????????
In general I think of an advance like a cash advance...the lawyer at no point paid me money ahead of time for claims from the insurance company or for the settlement or anything. The case was never brought to court, all he did was send a packet to the truck company demanding money. Could someone explain what this is??? Can the lawyer take out an advance to pay himself his portion of the settlement ahead of time???

I'm searching for the agreement I signed from the lawyer at the beginning, but I cant find it right now so thats why I'm asking! I'm going to call him in a few, but wanted to see if someone could shed some light for me
  #2  
Old 11-21-2006, 11:52 AM
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Why haven't you asked the attorney? It appears to be money that HE spent on your case, and he is asking for that money back. But, I'm sure that he has the answer, if you'd only pick up the phone and call.
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  #3  
Old 11-21-2006, 12:29 PM
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Location: Philadelphia, PA
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It may be money that they paid towards your medical bills, pending the settlement. But you should ask them.
  #4  
Old 11-21-2006, 02:42 PM
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While the only one who knows for sure is your attorney, that generally refers to things like court filing fees, expert reports/exams, deposition transcripts, etc... things that cost money during the court of litigation that your lawyer paid for you "in advance" of your settlement. (The other option being to send you a monthly bill for that stuff).

If that is in fact what the fee refers to, my stong guess would be that your retainer agreement says that you owe it. If nothing else, $600 isn't all that much. I've paid more than that for one transcript alone.
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