QUESTION

If an attorney tells the court your hours and amount you bill and it is granted, can the attorney keep that money?

Asked on Aug 17th, 2017 on Labor and Employment - California
More details to this question:
I just gone done working on a civil case where our client was the prevailing party. The court granted our request for attorney fees. My boss submitted his time notes and expenses, asked that the court order the losing party to pay the costs of different people’s services on the case. My fees on the case were $85 and hour and the court granted my fees in that amount and the Attorney on the case was awarded his fees and costs as well. The client paid out all the money that was ordered which included the $25,000 the court ruled was reasonable for the work I did and showed with time notes. The court actually reduced my fees from the original $29,000 to $25,000 for work that was not reasonable because he had billed for those hours as well. The client wrote checks to each person. The court had granted their costs except mine. Apparently, the attorney on the case agreed that he was going to get a certain amount and that he was to pay my fees out of that amount. The reason the attorney was paid less than the amount the court granted was because it was money the client had already paid him that was being deducted. In turn, can the attorney recoup that money by only paying me $10,500 of the $25,000? The client paid him $25,000 with the belief that I was to get all $25,000 not for them to obtain more profit through taking my money. What kind of attorney do I need and am I right that he is not allowed to lie to the court about billing?
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1 ANSWER

Elder Law Attorney serving Hollister, CA at Charles R. Perry
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You need to explain your relationship with the attorney and the client, as well as the details of your compensation arrangement and what position you hold. It is clear that if you were an employee of the attorney, then you would not be entitled to any part of the court award. The award would be treated in the same way it would be treated as if the client were billed $85/hour for your services.
Answered on Oct 24th, 2017 at 6:03 PM

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