When acting as a plaintiff in a civil suit, what lawyer fees are above and beyond the settlement percentage?
I was just curious because my lawyer is asking for money before the suit is settled. I thought that during the litigation, the law firm was responsible for all fees, and then were taken out at the end, after the suit comes to a settlement. I would assume these fees would be court costs, filing costs, expert witness costs, etc. Can you please shed some light on this?Answer by Steve K
It really depends on what terms were in the fee agreement you signed. You did sign a fee agreement, didn't you? Also - how much money is your lawyer asking for?
Generally, when you're a plaintiff you either pay hourly, transactionally, or on a contingent basis. (Transactionally, in this sense would mean "I'll give you $ 10K to handle this lawsuit. It's not the usual arrangement, but there's some indication that we're moving in that direction.) Some contingent fee arrangements include provisions wherein the client is responsible for all case-related expenses in an on-going manner (as opposed to up-front, or taken out of any award.) Filing fees, expert witness fees, etc - these might be billed directly to you.
Without knowing your cause of action, or the details of your fee arrangement, it's impossible to be more specific.
I suggest you read that document carefully. If you didn't sign a contingent fee agreement, I suggest you consult with an attorney immediately as to your next steps - and not your current attorney or anyone in his/her firm. Contingent fee arrangements require a signed document agreeing to their terms in most jurisdictions. If there isn't one, you may have an unethical attorney on your hands.
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