Contingent fee question, please help

What is the name of your state? Missouri

I filed a wrongful death lawsuit several years ago and went through court, then my case was appealed and I recently had a second trial with a verdict which will now be paid.

At the time that I originally hired my lawyers I signed a contract that stated that I agreed to pay a contingent fee of 33 1/3%, plus expenses. Later in the contract there is a paragraph regarding the scope of representation that states the following:

"I understand that I am hiring this law firm only for the purpose of representing my interests in this matter outlined above in a civil context and only to the extent of the conclusion of a jury trial or final judgement by the court. I understand that this contract does not include appeal of any issue or final disposition without a different and additional agreement between this firm and me. I understand that if this firm and I agree to pursue an appeal that an additional fee may be asserted."

Here's my issue... at the time that the suit was appealed, my attorney stated that we would keep the original contract. In saying that, I assumed that we were keeping the original fee of 33 1/3%, plus expenses... however, now that the suit is over and the award is going to be paid he told me that it was his office's standard practice to collect 40% plus expenses for appealed cases. This is the first I heard of the increase, except in the contract where it states that there may be an additional fee if an appeal is pursued - but it also states that my contract does not include the appeal without an additional agreement between me and the firm.

Can he now charge me 40% plus expenses even though he never told me prior to the second jury verdict that my fee had increased to this amount?

slopoke13 said:

Can he now charge me 40% plus expenses even though he never told me prior to the second jury verdict that my fee had increased to this amount?

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Can he charge you that 40%?? Of course he can. Hell, he can charge you anything he wants.
Are you obligated to pay anything more than the contract says?? Based solely on the information in your post, no.

I guess that's the way I should have worded my question.

When my attorney was confronted about the fact that the contract states 33 1/3% he defended now taking 40% of the award by saying that the contract clearly states that an additional fee may be asserted in the event of an appeal. I agree that it says this, but it also says that my contract does not include an appeal without a different and additional agreement, of which one was never made since he said that we would keep the original contract. I assumed that if the fee was going to be increased it would have stated the amount of the increase in that additional agreement.

I have read that 40% is relatively standard for a contingent fee so it's not that he's being "unreasonable" by asking that amount, it was just that I was never told that my fee had increased to that amount until now, AFTER the second trial and jury verdict.

If I am not obligated to pay the 40%, what should I do? The award is going to go to him for him to disburse, so he is going to take the 40% unless I take some kind of action... I'm just not sure what kind of action is necessary.

slopoke13 said:

If I am not obligated to pay the 40%, what should I do?

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With the settlement going to him, he will take his percentage... leaving you with the only option of filing a lawsuit against him (not recommended) or filing a grievance with your state bar. It might not work, but at least you will feel that you did something.