Can I have two different lawyers in personal injury lawsuit?

Question

I have a personal injury lawsuit that i am going to be filing shortly. I have two lawyers who are excellent and that I am very close with. I want them both to partipate in the lawsuit, and they would like to as well. Am I able to give them 33% each, if I consent to this? They have both helped me tremendously through the false allegations, malicious prosecution, self help eviction, negligence, harrassment, etc that my ex-landlords have put me through, and I want them to be able to have 33% each. Is this possible in NY and if not, is there anyway I can arrange them by consenting or giving permission etc?

Irving Blank · Answer

Why don't you ask this on a New York post?

Stephen Lombardi · Answer

Answer: Probably not; it would be sort of like having two spouses. 

There would be jealousy and difficulty with dividing jobs.

David Stoddard · Answer

This question was posted on a SC forum, and I do not know NY law.  In SC you can have two attorneys and  you could pay 33% each, but normally multiple attorneys usually divide 33% or 40% among themselves.  This is more fair to you.

Jared Altman · Answer

Fees are regulated. You can't pay a 2/3'fee.

Dennis P. Mikko · Answer

If the two lawyers agree, there is nothing to prevent both of them from representing you.  In most jurisdictions, the cannons of ethics would prevent the lawyers from taking a total fee of greater than 1/3rd.

Paul Whitfield · Answer

I don't know what is possible in New York. The city mayor and some politicians have all kinds of strange notions. In NC you can have any type contract as long as it is not illegal or contrary to public policy. You are after someone for malicious prosecution etc etc etc. most lawyers wont take those cases on contingencies. But if they will I don't know of any reason why they both could not be paid whatever percentage you agree on.

Melvin Franke · Answer

If this is a New York case, the answer would be controlled by New York law.

Thomas Bulman · Answer

You can do anything you want but don't spend the money before the check clears and why would you waste an additional 33.33% when the Humane Society could use the help.

Michael Yeksavich · Answer

Ask them if they are familiar with NY law.

Ronald A. Steinberg · Answer

You can have as many as you want, buy why. You can give away all the money, but why.

Andrew Velonis · Answer

I think the three of you should sit down and discuss it.  Typically, the fee is one-third, then that third can be divided as the attorneys see fit.  There are some retrictions, but as long as they are partnering, or one is acting as a consultant to the other, that is permissible.

Steven Shaw · Answer

Lawyers can associate on files and work on the same file, and you can contract to pay them whatever you want.  That being said, if lawyers are sharing the workload it would be fair to have them split a contingency fee, because each is doing half the work they would normally.

Andrew Myers · Answer

New Hampshire's Rules of Professional Conduct do allow for sharing of fees where there is full disclosure, where there is a signed fee agreement indicating the client's consent and also signed acknowledgment by all attorneys.  Such an agreement is always subject to review and approval by the court which would look at many factors including the expertise of the attorneys and their work product contribution to the final result.  You need to discuss this fully with your attorneys now before the case is filed.

Bernard Huff · Answer

Having two lawyers to represent you on your ENTIRE case  may possibly create confusion and/or dissention.Whose advice will you follow if  there is a disagreement?  It may be better for the two lawyers to join together,  communicate with each other and represent you in that manner and only request a  33% joint contingency fee instead of 33% each.

Eric Rothstein · Answer

I think this is prohibited by law. A legal fee cannot total more than 1/3.  Even if it could, why would you want to give away 67% of your recovery?

Jeffrey Lapin · Answer

This answer only applies to Nebraska, which is the State you indicated. In your Question Detail you mention "NY," which would be New York. I am not licensed in New York and cannot comment on New York law. I will assume it is a typographical error and you meant "NE."  Yes you can have two different lawyers in a personal injury case as long as all three of you consent to this arrangement in writing. Each attorney can also receive 33% of any money received as long as you agree to this in writing and both attorneys share equal responsibility for your case. Any case involving a contingency fee, such as 33%, must be in writing.

J. Tannehill · Answer

I don't know about NY, but you can do this in MS without any problem as long as both attorneys are aware of the other.  My advise would be to allow them to split the 33 1/3%, and to get this in writing.  If you give each of them 33% as you suggested, then that doesn't leave you with much.

Steven A. Schwartz · Answer

If the attorneys agree to your contingency fee proposal, I don't see any issues here.

Matthew Kober · Answer

Yes. As long as both lawyers are working together as a team and you agree in writing to the total fee that each will get, thats fine.

Mark Smith · Answer

I have never heard of a plaintiff in a negligence lawsuit offering 2/3 of the gross settlement to the lawyers who represent him. Don't forget you are responsible for the costs of suit. This is a grave mistake.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can I have two different lawyers in personal injury lawsuit?

20 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer