QUESTION
Is there a NY Statue which dictates plaintiff pay a mandatory 33% legal fee to their attorney on a motor vehicle accident case? Thanks in advanced
Asked on Dec 08th, 2023 on Legal Ethics and Professional Responsibility - New York
More details to this question:
An attorney took my case without committing to a retainer to see what he could get, wouldn’t provide a lien to surgeon for spine surgery and wanted me to settle for $30k though I had medical bills among others for more than than $100k. Since I wouldn’t accept the $30k he ask to be relieved and awarded $10k + $950 expenses. I argued he didn’t deserve the $10k because he had actually hindered my settlement value and medical treatments by refusing to provide the surgeon said lien. Judge stated that in NY there’s a statue that provides mandatory 33% legal fee for ones lawyer regardless of how much time or diligence they may or may not have had and that if one was apposed one would have to go thru other means to claim damages, etc.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
If your attorney had a $30K offer to settle your case that you turned down, the attorney would be entitled to a one third legal fee by statute when your case ultimately settles, unless you could prove legal malpractice or failure to work the case resulted in the case being worth less than it should've been. Did you get another attorney and if so, Is the case still in litigation or has it settled? Personal injury attorneys don't necessarily take on legal malpractice cases, so you can't assume your current attorney will handle this aspect of your case.
Answered on Dec 26th, 2023 at 12:58 AM