When does an attorney assume the 40 percent contingency fee versus the 33 percent?

[seek2]

I am looking to get clarification regarding the following paragraph:

"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be:
a. 33 and 1/3 percent before Trial;
b. 40 percent if the case proceed to a Trial."

Based on this, when would the 40% take effect?

I am trying to find out if there would be a specific time or trigger event that would make the 40% come into effect.
If a case were to settle before the start of trial, before jury selection, which percentage would apply?

 

[justalayman]

Is this a real situation or merely curiosity?

 

[adjusterjack]

Based on this, when would the 40% take effect?

Should have asked the lawyer that question before you signed the agreement. Ask him now.

 

[PayrollHRGuy]

SImply from the wording ...

"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be:
a. 33 and 1/3 percent before Trial;
b. 40 percent if the case proceed to a Trial."

I'd have to guess that it would be simple to argue that the first moment the court is called to order on the first day of the trial. Before any jury impanelment.

 

[justalayman]

SImply from the wording ...

"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be:
a. 33 and 1/3 percent before Trial;
b. 40 percent if the case proceed to a Trial."

I'd have to guess that it would be simple to argue that the first moment the court is called to order on the first day of the trial. Before any jury impanelment.

I can see an attorney arguing trial (for the purposes of the contract) begins upon the initiation of voir dire


A jury is impaneled prior to the start of the actual trial.

 

[HighwayMan]

Based on this, when would the 40% take effect?

You should be asking your attorney, not a bunch of strangers on the Internet.

 

[adjusterjack]

I can see an attorney arguing trial (for the purposes of the contract) begins upon the initiation of voir dire

I can see an attorney arguing that preparing for the trial activates the 40%.

 

[Shadowbunny]

I can see an attorney arguing that preparing for the trial activates the 40%.

I was thinking along those lines, too. If all settlement talks have failed and the attorney starts trial prep, if I were the attorney I'd start the 40% then.

But of course... like has been noted above, the attorney who drafted the agreement seems to be the person to ask.

 

[justalayman]

I can see an attorney arguing that preparing for the trial activates the 40%.

Well, technically they begin prep pretty much from the moment they are retained. They start gathering information from day one.