What is the name of your state (only U.S. law)? California
I am currently working with a consumer rights attorney who wants me to sue a debt collector. They said something was wrong with the collectors privacy notice. Anyway, they sent me a fee agreement and i wanted someone to take a look at a few parts before I sign it. The agreement says that I don't have to pay them anything unless I get a settlement, however it seems that I could build up more fees and unpaid costs than what my settlement would be ($2000).
Here's part of the statment;
(3)ATTORNEYS’ FEES AND COSTS
You understand that we will be paid a portion of any final recovery, and that the amount of this contingency fee is not set by law and is negotiable at the time of signing. Cash payments, debt relief, or any other tangible or intangible economic benefit to you will be added to the calculation of any total recovery in your case. If we recover and collect damages for you at trial, through settlement, or by any other method, you will
receive 67% of those damages minus any unpaid costs described in the section below entitled "Costs and Litigation Expenses," and we will receive 33% of those damages plus the unpaid costs. As an example only, if there were $200 in unpaid costs, and if you are awarded or settle for $10,000 in
damages, from this you would receive $6,700.00 of these damages minus the $200.00 in unpaid costs (for a total of $6.500.00), and we would receive $3,300.00 plus the $200.00 in unpaid costs (for a total of $3.500.00). If any attorneys’ fees are recovered as well, we would also receive those attorneys’ fees. It is possible that the other side may stipulate, or may be ordered by the court, to pay our attorneys fees independent of an award or settlement. It is also possible that your award or settlement will not
include any actual damages but will exceed the statutory maximum in damages, thereby dictating that the amount exceeding the statutory maximum in damages is attorney fees. In either case, by law, the
attorney fees portion cannot be shared with you, and that portion of the recovery must be paid only to us. You agree that any and all attorneys’ fees and costs awarded by a court, or stipulated to by the
parties, are ours and ours alone. If, for any reason, you waive any attorneys’ fees or costs without our express written permission, you agree to pay us any attorneys’ fees and costs incurred by us in this matter.
(4) Costs and Litigation Expenses
We will incur various costs, disbursements, and litigation expenses in performing legal services under this contract. Costs, disbursements, and litigation expenses do not include attorney fees. You agree to pay any costs, disbursements, and litigation expenses in connection with this matter from
your award or settlement. In the event there is no recovery, you will not be liable for our attorney fees or any costs, disbursements, or litigation expenses. Costs, disbursements and litigation expenses may include court fees, jury fees, service of process charges, court reporters’ fees, videographer fees, photocopying and reproduction costs, notary fees,
messenger and other delivery fees, postage, deposition costs, travel costs, including parking, meals and hotel costs, investigation expenses, consultant costs and fees, expert witness costs and fees, professional mediator costs and fees, arbitrator and/or special master fees and other similar items.
Except for the items listed below, costs and expenses will be charged at our cost.
! In-office photocopying: 30¢ per page
! Facsimile charges: 50¢ per page
! Mileage: Standard IRS Mileage Rate
! Federal Express and Other Rush Deliveries: $20.00 per package
To aid in the preparation or presentation of your case, it may become necessary to retain expert witnesses, consultants or investigators. We will select any expert witnesses, consultants or investigators to be retained. You authorize us to incur all reasonable costs and to retain any investigators,
consultants, or expert witnesses, reasonably necessary, in our sole judgment.
The attorney wouldn't want me to sue unless they can win. It states in the same agreement that I don't have to pay unless I do get a settlement. It seems to me though even if I do get a settlement, my attorney could rack up hundreds if not thousands of dollars in unpaid costs that would not be covered the attorney costs awarded by the court on top of the settlement. I would have to pay that out of my own pocket.
Thank you for your time.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I am currently working with a consumer rights attorney who wants me to sue a debt collector. They said something was wrong with the collectors privacy notice. Anyway, they sent me a fee agreement and i wanted someone to take a look at a few parts before I sign it. The agreement says that I don't have to pay them anything unless I get a settlement, however it seems that I could build up more fees and unpaid costs than what my settlement would be ($2000).
Here's part of the statment;
(3)ATTORNEYS’ FEES AND COSTS
You understand that we will be paid a portion of any final recovery, and that the amount of this contingency fee is not set by law and is negotiable at the time of signing. Cash payments, debt relief, or any other tangible or intangible economic benefit to you will be added to the calculation of any total recovery in your case. If we recover and collect damages for you at trial, through settlement, or by any other method, you will
receive 67% of those damages minus any unpaid costs described in the section below entitled "Costs and Litigation Expenses," and we will receive 33% of those damages plus the unpaid costs. As an example only, if there were $200 in unpaid costs, and if you are awarded or settle for $10,000 in
damages, from this you would receive $6,700.00 of these damages minus the $200.00 in unpaid costs (for a total of $6.500.00), and we would receive $3,300.00 plus the $200.00 in unpaid costs (for a total of $3.500.00). If any attorneys’ fees are recovered as well, we would also receive those attorneys’ fees. It is possible that the other side may stipulate, or may be ordered by the court, to pay our attorneys fees independent of an award or settlement. It is also possible that your award or settlement will not
include any actual damages but will exceed the statutory maximum in damages, thereby dictating that the amount exceeding the statutory maximum in damages is attorney fees. In either case, by law, the
attorney fees portion cannot be shared with you, and that portion of the recovery must be paid only to us. You agree that any and all attorneys’ fees and costs awarded by a court, or stipulated to by the
parties, are ours and ours alone. If, for any reason, you waive any attorneys’ fees or costs without our express written permission, you agree to pay us any attorneys’ fees and costs incurred by us in this matter.
(4) Costs and Litigation Expenses
We will incur various costs, disbursements, and litigation expenses in performing legal services under this contract. Costs, disbursements, and litigation expenses do not include attorney fees. You agree to pay any costs, disbursements, and litigation expenses in connection with this matter from
your award or settlement. In the event there is no recovery, you will not be liable for our attorney fees or any costs, disbursements, or litigation expenses. Costs, disbursements and litigation expenses may include court fees, jury fees, service of process charges, court reporters’ fees, videographer fees, photocopying and reproduction costs, notary fees,
messenger and other delivery fees, postage, deposition costs, travel costs, including parking, meals and hotel costs, investigation expenses, consultant costs and fees, expert witness costs and fees, professional mediator costs and fees, arbitrator and/or special master fees and other similar items.
Except for the items listed below, costs and expenses will be charged at our cost.
! In-office photocopying: 30¢ per page
! Facsimile charges: 50¢ per page
! Mileage: Standard IRS Mileage Rate
! Federal Express and Other Rush Deliveries: $20.00 per package
To aid in the preparation or presentation of your case, it may become necessary to retain expert witnesses, consultants or investigators. We will select any expert witnesses, consultants or investigators to be retained. You authorize us to incur all reasonable costs and to retain any investigators,
consultants, or expert witnesses, reasonably necessary, in our sole judgment.
The attorney wouldn't want me to sue unless they can win. It states in the same agreement that I don't have to pay unless I do get a settlement. It seems to me though even if I do get a settlement, my attorney could rack up hundreds if not thousands of dollars in unpaid costs that would not be covered the attorney costs awarded by the court on top of the settlement. I would have to pay that out of my own pocket.
Thank you for your time.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
