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How to split legal fees in settlement

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jockewing

Junior Member
What is the name of your state (only U.S. law)? Louisiana

My brother and I just settled with my father and two insurance companies. It was a very complicated inheritance case dealing with my deceased mother. Due to forced heirship rules, my brother gets 3/4 of the award and I only get 1/4. We are about to be issued the check.

I thought he should have to pay 3/4 of the fees since he is getting 3/4 of the money, but of course he thinks it should be 50/50. How is this usually handled? I don't see how logically my argument is wrong, and I think you should pay in accordance with the portion of the award you received.

Please help settle this dispute.
 


tranquility

Senior Member
There is no law covering your question. This should have been discussed prior to your hiring of the attorney. In fact, it seems to me you should have each gotten your own attorney for this litigation.

You really haven't given enough facts about this suit to give an answer beyond, you pay based on your agreement to pay. However, if the estate hired the attorney, the estate pays.
 

jockewing

Junior Member
It is a long story. My mom died. I was over 24 at the time so not a forced heir. My two brothers were forced heirs. One of my brothers died later without a spouse, heir, or will, so my brother and I split his estate.

It was a long complicated issue, but my brother and I had the same lawyer and we received a settlement of $50,000. He gets 1/2 plus my dead brother's half, or 3/4 of the total settlement. I am only receiving my dead brother's half, which is 25% total.

The outstanding legal fees is about 2,500. The lawyer was about to have us fill out the final settlement documents, but my brother refuses to sign unless I pay half the legal fees. He is receiving 3 times the money I am, I think it is the only fair way that we should pay the fees based on the percent of the settlement we receive.

By the way, our lawyer SUCKS at communicating anything and runs up ridiculous fees with high speed.
 

Dandy Don

Senior Member
Ask the attorney to send separate invoices to each party, either with the terms you have described OR the 50-50 split, whatever he decides. Then each party is responsible for their own payment and if one party does not pay, the attorney can sue in court to recover his fees.

It would be wise for you to go ahead and agree to paying your $1,250 portion of this bill to go ahead and be done with the matter, because if it goes into dispute you both will be paying more than that in attorney fees to settle it.
 

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