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My personal injury lawyer gave my case to another lawfirm and now says they should be paid fees from my settlement
Anonymous3 views3 answers
My lawyer is holding my settlement check saying i should pay previous attorney cost even though they gave up my case and their agreement was to take fees if they recovered money but they never did. And the new lawfirm never mentioned anything about the previous lawyers in their agreement but are holding my check.
The first thing you need to clarify is figuring out exactly how much of a fee you are being asked to pay, including both firms. In general, the total fee should not exceed what your fee agreement stated, e.g. 1/3, 40% etc. It doesn't matter to you which firm you pay, as long as the total is not more than you agreed to.
You also need to distinguish between fees and costs. If you're being charged a double fee, that's objectionable and I would ask the second firm to try and negotiate a split of fees on your behalf. If all the first firm is asking for is to be reimbursed for the costs it expended on your behalf, assuming the fee agreement authorizes that, then those should be paid.
You might also give the North Dakota Bar Association a call. They may have a process to mediate fee disputes, or may be able to give you some clarity on whether the second firm has the right to hold your settlement because of a claim from another law firm.
Dennis Evans BlumPersonal Injury LawyerSan Francisco, CA ·
In Californa a single fee is to be shared between competing attorneys who claim that they are owed from your case. Wheter 1, 2 or 3 attorneys claim legal fees from a contingency fee case the total fee should be the same. The lawyers share a single legal fee.
You should read your contingent fee agreement carefully (assuming you have one). There should be language that says who is responsible for paying costs in the event of a recovery. Many good personal injury attorneys will simply pay the costs of the referring attorney out of their own pocket and not pass those expenses on to the client, even if the contingent fee agreement allows them to.
Good luck!
Matt