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Old 11-24-2016, 10:17 AM   #1
Denn
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Default Can a lawyer charge a 60% contingency fee?

Can a lawyer charge a 60% contingency fee for a slip and fall case?

He gets 60% and we get 40?

Isn't that quite high?
My daughter in law is filing a case but that's the fee. If we had known it would be that high we would have looked around more. The case is in New York.
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Old 11-24-2016, 02:45 PM   #2
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Default Re: Can a lawyer charge a 60% contingency fee?

If that are his terms and you agree, yes. You have a lousy case. What he is going to do is file a nuisance suit they pay just to make him go away. You are only getting paid for being the reason he can make money off them.
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Old 11-25-2016, 03:34 AM   #3
goddessoflubboc
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Default Re: Can a lawyer charge a 60% contingency fee?

Your daughter knew from the get go. Before even putting her name on a file the lawyer would've had her sign the Contingency Fee Agreement that outlines all she'd be responsible for.
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Old 11-25-2016, 07:46 PM   #4
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Default Re: Can a lawyer charge a 60% contingency fee?

I don't know about NY but some states do limit contingency fees.

To 40 or 50%. FL I believe for example does.
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Old 11-26-2016, 05:54 PM   #5
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Default Re: Can a lawyer charge a 60% contingency fee?

EG
Yes--From the Sate Bar of Florida. Limits clearly exist.
I will check NY.



(B) The contract for representation of a client in a matter set forth in subdivision (f)(4) may provide for a contingent fee arrangement as agreed upon by the client and the lawyer, except as limited by the following provisions:
(i) Without prior court approval as specified below, any contingent fee that exceeds the following standards shall be presumed, unless rebutted, to be clearly excessive:
a. Before the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action:
1. 33 1/3% of any recovery up to $1 million; plus
2. 30% of any portion of the recovery between $1 million and $2 million; plus
3. 20% of any portion of the recovery exceeding $2 million.
b. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment:
1. 40% of any recovery up to $1 million; plus
2. 30% of any portion of the recovery between $1 million and $2 million; plus
3. 20% of any portion of the recovery exceeding $2 million.
c. If all defendants admit liability at the time of filing their answers and request a trial only on damages:
1. 33 1/3% of any recovery up to $1 million; plus
2. 20% of any portion of the recovery between $1 million and $2 million; plus
3. 15% of any portion of the recovery exceeding $2 million.
d. An additional 5% of any recovery after institution of any appellate proceeding is filed or post-judgment relief or action is required for recovery on the judgment.
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Old 11-26-2016, 07:54 PM   #6
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Default Re: Can a lawyer charge a 60% contingency fee?

FL is not NY.
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Old 11-28-2016, 11:16 AM   #7
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Default Re: Can a lawyer charge a 60% contingency fee?

Quote:
Originally Posted by Denn View Post
If we had known it would be that high we would have looked around more.
Well then she didn't pay much attention. It should have been right there in black and white.
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Old 11-29-2016, 11:22 AM   #8
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Default Re: Can a lawyer charge a 60% contingency fee?

This is a blurb sent to me by a law firm that was advertising. Just FYI


New York court rules impose a maximum fee in tort cases of one-third of the recovery and establish the presumption that a fee equal to or less than one-third "is deemed to be fair and reasonable." In medical malpractice cases, the Judiciary Law establishes a maximum sliding scale fee starting at 30 percent of the first $250,000 down to 10 percent of the recovery over $1.25 million. Both fee limits provide that an application for higher fees can be made where, because of "extraordinary circumstances," the fee does not provide "adequate compensation."


Personal injury may not have a guideline? It seems that is open to negotiation.
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Old 11-29-2016, 06:13 PM   #9
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Default Re: Can a lawyer charge a 60% contingency fee?

A slip and fall case is an extraordinary circumstance. You can believe me, seek another attorneys position, or watch for little fairies to fly around the sky while you disprove my assessment. It does not affect my interpretation in any way.
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Old 11-29-2016, 06:15 PM   #10
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Default Re: Can a lawyer charge a 60% contingency fee?

What is so extraordinary about it?
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