when a lawyer takes a case on a contingous basis, taking 33 1/3 of the total money earned, and if there is attorney fees, court costs etc... does he also take that out of the cash amount awarded?, and is it possible that the client could wind up with nothing, and the majority of the money goes in the lawyers pockets, and not the clients?
2007-11-12 09:23:09 · 3 answers · asked by lounwo32 1 in Politics & Government ➔ Law & Ethics
this isnt a medical case. its sexual harassment case against my employer
2007-11-12 09:32:14 · update #1
No those fees are included in his 1/3 percent.
2007-11-16 09:18:13 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
The attorney's fees IS the 33 1/3, so that's already taken care of. Court costs are paid by the losing side, so if you won anything for lawyer to take 33 1/3 of, then other side lost & other side pays Court costs.
Yes, client could wind up with nothing, especially if there are medical providers waiting to be paid.
2007-11-12 17:27:35 · answer #2 · answered by suzanne g 6 · 0⤊ 0⤋
READ THE CONTRACT!
That is what sets out who gets what.
"Typically" things like court costs, filing fees, expert witnesses fees, and other "out of pocket" expenses come off the top and then the lawyer takes his split of whatever is left. Very often the split varies as to when the case is finished - 33.33% if it's settled before the case is formally filed, 40% if it's settled before trial, 50% if it goes to a judgement, etc etc. The lawyer may also commit to assisting with collecting the judgement if one is awarded out of the same fee, or that may be charged seperately.
Richard
2007-11-12 17:31:47 · answer #3 · answered by rickinnocal 7 · 0⤊ 0⤋