Sunday, January 27, 2008

How much percent should lawyer get for the case? -

Seems my friend got a lawyer to sue some guy and her lawyer told her she will get 20% from the compensation. She doesn’t have to pay only when she wins. So dose an average lawyers with that pay only if you win policy average out to 20% of compensation ordered by the court?

You need to know what state your frined is suing in to be able to honestly answer this question. Attorney compensation on contingent cases (where the lawyer gets paid only if there is a recovery) vary throughout the United States and sometime by case type. In NY, a personal injury file (most car accidents slip and falls, etc) generally is 1/3 to the attorney, 2/3 to the client; wrongful death and malpractice work on sliding scales (the amount the attorney gets increases based on the recovery). In Florida, the personal injury cases are over 30% and I belive malpractice starts at 25%. So, 20% is a real steal assuming that s what the lawyer is getting (from your question, it almost sounds like that is what your friend is getting). The Bar Association in your local area and/or state can give you information regarding typical attorney fees and retainers. As I said, without knowing what kind of case your friend has and what state you are in, it is difficult to answer. But you are right, it does sound wrong that she would only net 20%. Call the local bar association and ask. It s a free and simple service and it s not an unusual questions. They ll be happy to give you the local rules on attorneys getting paid. hope that helps

20% is well below average. Far more typical is 30% if the case settles before trial, 40% if it goes to court. 20% suggests that the lawyer thinks it s a slam dunk that won t take much time and effort from her. (I d note, though, that almost always a contingency fee agreement requires that court costs, filing fees, and any other out-of-pocket expenses come from the CLIENTS share, not the lawyers) Richard

20% seems pretty fair. I have seen some charge 30 to 40%..

Depends on the lawyer, some take 35% (had one of them) while others will take up to 50% (one of the ones we rejected)

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