we have been paying at an hourly rate and now that they realize that we have a strong case thay want to change to a percentage of the proceeds. after we have paid $$$$$ in hourly rate figuring we would get it back in a settlement.
The attorney is free to ask if you want to change the initial fee agreement as long as he fully explains all the pros and cons and reasons for the proposed change. But you are not required to agree with the change. This is sometimes done when the legal fees based on the hourly rate began to get so high that the client is unable to keep up with the payments. In that case, if the client falls too far behind in paying the legal fees, the attorney and client may agree to change the fee arrangement since it allows the attorney to continue to represent the client.
If you are current with the legal fees per the original agreement, and you do not anticipate a problem in keeping up with those fees pursuant to your agreement, there may not be a reason for you to agree to a new arrangement, but you certainly can if you want. You may want to have another attorney evaluate your case who can then tell you the strengths and weaknesses of the case to allow you to make a more informed decision. Your attorney should also be able to give you the same assessment.
The upside for you to change this agreement is that should you lose the case, you do not have to pay any more fees. The downside is that if your case is very strong and you stand to make a large amount of money in either a settlement or at trial, then you will end up keeping less money due to the new contingency fee agreement.
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