QUESTION
Can my attorney charge me office cost and fees beyond his 1/3 of settlement?
Asked on Dec 13th, 2013 on Personal Injury - Rhode Island
More details to this question:
The following appears on my financial breakdown statement from my attorney in addition to his 1/3 deduction, is this legit? Office Costs and Fees: $500.00 BI Admin Fee: $30.00 and Medical Records: $55.00.
10 ANSWERS
You have to read your contract with him. Normally office expenses are not counted but out of pocket costs are sometimes. The contract should directly state how the 1/3rd fee is calculated. You also need to look at whether the fees are deducted from the gross settlement amount or the net amount [latter better for you but probably will not make much of a difference]. If the contract is silent, then what occurs in local practice probably would apply, but since the costs are under $100 you may be able to get the attorney to back down by telling him you though the fees were on the net sum. But in any case, you probably are responsible for the two records costs he incurred.
Answered on Dec 16th, 2013 at 5:21 PM
1 Award
The fee contract that you signed with the lawyer should incorporate all of the terms of the contract. Both you and the lawyer are bound by the terms of the contract. In Wisconsin, all contingent fee contracts must be in writing and signed by the parties.
Answered on Dec 16th, 2013 at 5:21 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Re-read your contingent fee agreement. It no doubt covers attorneys fees and "costs".
Answered on Dec 16th, 2013 at 5:19 PM
James Eugene Hasser
Typically, costs and expenses are in addition to the fees. It really depends on what is in the fee contract you have with him. Read it. Good luck.
Answered on Dec 16th, 2013 at 5:17 PM
Edwin K. Niles
Usually this is correct. Read your retainer agreement.
Answered on Dec 16th, 2013 at 5:17 PM
4 Awards
It will generally depend on what is included in your retainer agreement. Some attorneys will require you to cover the out of pocket costs of the litigation and expenses such as obtaining records, medical reviews, postage, filing fees, etc. You should review your retainer agreement.
Answered on Dec 16th, 2013 at 10:36 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Most PI lawyers have provisions in their contract for costs and expenses they pay which are really yours. Why don't you read your contract?
Answered on Dec 16th, 2013 at 10:35 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It is appropriate for an attorney to charge his out-of-pocket costs in addition to whatever contingent fee he charges. I don't know what an "administrative fee" is, and would challenge that, but he can charge you for whatever medical records he had to "buy" in order to prove your claim, as well as copy expense, long distance telephone, postage, mileage, etc. Request a specific breakdown of $500 for "office costs and fees".....he should give you an itemized breakdown and I would be suspicious if he can't.
Answered on Dec 16th, 2013 at 10:35 AM
Monica Cecilia Castillo-Barraza
Fees are the lawyer's time/work. Costs are separate from fees and typically include charges from/for third parties. You should speak with your attorney for clarification and/or review your fee agreement.
Answered on Dec 16th, 2013 at 10:35 AM
Ronald A. Steinberg
The attorney is entitled to be reimbursed for costs incurred. A flat office cost of $500 seems excessive; ask for a breakdown as to what that entails. The BI Admin Fee makes no sense to me as well; get an actual description. I charge a flat fee for photocopies, mileage, postage, and various other expenses, and rarely does that expense exceed $100.
Answered on Dec 16th, 2013 at 10:34 AM