My mother lives in New Jersey and I in Massachusetts. She settled a "slip & fall" case. I guess there is a question as to how the settlement should have been allocated. Does the attorney take his/her fee (25-33%) off the top or do certain medical bills or portions thereof get paid first from the settlement? How does it work?

The answer to your question really depends on the situation and the agreement or contract you signed with the attorney.  If the fee agreement says the lawyer is entitled to a certain percentage from any and all amounts collected, then one could argue the fee comes off the top.  I do understand your issue with it, and an attorney will often not take a fee on the medical portion of a settlement so that the doctor can be paid in full.  You should read over the contract and see how it can be interpreted.  Steven A. Schwartz Attorney/Partner   JOEL H. SCHWARTZ, P.C. One Washington Mall, 16th floor Boston, MA  02108 (617) 742-1170 (800) 660-2270 (617) 250-2072 fax sas@joelhschwartz.com www.joelhschwartz.com