Is a settlement conference with a judge and 2 attorneys considered litigation, where the attorney receives a higher percentage?

If a lawsuit has been filed, you are in court. This is litigation. Quit trying to short your lawyer. If you dont trust him fire him. If you trust him pay attention, do what he says and don't try to stiff him and don't try to second guess everything he does

Most settlement conferences, especially with a judge participating, come after a lawsuit is filed, and filing a lawsuit is litigation.

Well, if you have a conference before a judge, a lawsuit must have been filed in the matter. Otherwise, the matter would not be before a judge. The only other thing I can think of is that maybe there was a mediation of your case, before suit, with a retired judge / mediator? If there was a mediation, that can be done before suit, so it is possible that your case was resolved before a lawsuit was filed. Whether your case was mediated before suit, or settled in a settlement conference with a judge after suit was filed, I am assuming that YOU were present for the proceeding. You must have some paperwork on that? Where was the proceeding held? If at a courthouse, there must have been a lawsuit. When you say two lawyers, I assume you are referring to a lawyer representing you / your interests, and then the other lawyer for the defense / the other party. Filed lawsuits are ? in the great majority of cases ? public records. So, you can go to the clerk of the court, in person, to find the matter, OR in WA. you can go online to wa.gov.courts and look for your case in either the District (the court of lesser jurisdiction) or Superior Court (the court of general jurisdiction), by county of filing. What I guess you are getting at is that your fee agreement with your lawyer is a staggered fee situation. The percentage of fee is higher once a lawsuit is filed? You will need to refer to the specific language of your fee agreement to know the details of the fee.

Need more information to be sure; however, a settlement conference normally takes place prior to filing a lawsuit. But this sounds more formal with a judge. Most contingency agreements state a higher fee if the they filed a lawsuit. So, if one has not been filed, then no higher fee is justified.

The typical contingent fee contract calls for a 40% fee once the lawsuit is filed. If you are before a judge, a lawsuit has been filed. "Litigation" is what happens when you file a lawsuit.

Yes. Litigation commences once the summons and complaint is drafted and served upon the defendants. Thereafter, the case is placed upon the court's calendar and this is what litigation is.

Litigation normally means a lawsuit has been filed; settlement conferences only exist if a suit has been filed, so "litigation" began some time ago.

It depends on how your fee agreement is written and at what stage of proceedings that the conference occurs. For instance, if the contract says the fee goes up after suit is filed and then, after suit is filed the conference occurs, then the answer would be, yes. To be sure, ask your lawyer.

You need to review the terms of your Retainer Agreement. For example, my Retainer Agreement provides that, if I can settle my client's claim before filing a lawsuit, my fees are 33-1/3%. However, if I have to file a lawsuit, then my fees are 40%. It sounds like your attorney has a contract similar to mine.

Litigation begin when the Plaintiff's attorney either files a document called a "Complaint" or sends a letter to the insurance company commencing arbitration. Usually judicial settlement conferences do not occur unless one of those documents have been created. However, I have had pre-litigation settlement conferences in the past.