my lawyer fee?????

[toothbrush]

Hi,
Hi,
I was involved in a car accident over 2 years ago and the other driver was at fault. Unfortunately, she had minimum coverage for her car and I had to go after my own insurance for under-insured coverage. I had asked a lawyer friend of mine to help me in this matter and he had me sign a contract that he’d take 25% of the settlement (discounted from his usual fee of 33%).

The first check was from the other driver and he took his cut. Now my own insurance has just sent me a check for my med-pay coverage to cover the cost of copayments my health insurance has not paid. (We have already settled with health insurance companies from the first check). My lawyer friend is now taking a 25% cut from this check, claiming that this is also part of the recovery for the case. Is he right? Is this usual and customary for these cases?

I am located in Illinois. We have not settled with my own insurance company yet since I am still getting treatment.

Thanks.

Bob

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by toothbrush:
Hi,
Hi,
I was involved in a car accident over 2 years ago and the other driver was at fault. Unfortunately, she had minimum coverage for her car and I had to go after my own insurance for under-insured coverage. I had asked a lawyer friend of mine to help me in this matter and he had me sign a contract that he’d take 25% of the settlement (discounted from his usual fee of 33%).

The first check was from the other driver and he took his cut. Now my own insurance has just sent me a check for my med-pay coverage to cover the cost of copayments my health insurance has not paid. (We have already settled with health insurance companies from the first check). My lawyer friend is now taking a 25% cut from this check, claiming that this is also part of the recovery for the case. Is he right? Is this usual and customary for these cases?

I am located in Illinois. We have not settled with my own insurance company yet since I am still getting treatment.

Thanks.

Bob<HR></BLOCKQUOTE>

My response:

From a contractual standpoint, your attorney is entitled to 25% of all monies that come in on your case, from any source; e.g., medical, property damage, pain and suffering, etc. This is because of the contingency; i.e., he took a chance to assist you, and worked on your file, hoping that monies would come in so he could be paid, rather than taking his hourly fee directly out of your pocket.

From a customary standpoint, some attorneys only take there contingency fee from the "pain and suffering" portion of a settlement. They usually leave medical and property damage monies alone, and give everything in those regards to the client. Let me repeat - - this is "customary" and not required by law or contract. An attorney may take a fee on ALL incoming monies.

IAAL

P.S. Speaking of "toothbrush," do you know where the toothbrush was invented?

Kentucky. If it would have been invented anywhere else, it would have been called a "teethbrush."

Have a nice day,

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 02, 2000).]