QUESTION
On a lawsuit in Nevada, the attorneys took 40% of the top before costs were removed, is this legal in Nevada?
Asked on May 23rd, 2013 on Personal Injury - Nevada
More details to this question:
I am an attorney in Michigan and it is my understanding that costs are subtracted first then the attorney gets the percentage? Basically my parents are paying 40% of the medical bills to the attorney?
3 ANSWERS
We are not a no-fault state. The medical bill are part of the disputed claim. Customarily, the contingency fee is taken on the gross settlement amount, then costs are deducted.
Answered on May 27th, 2013 at 8:17 PM
Alexis Anne Plunkett
What did the retainer say? I cannot answer this without seeing the retainer and seeing what your parents agreed to when they accepted representation.
Answered on May 27th, 2013 at 7:29 PM
It all depends on the language of the contingency contract. So long as everything is spelled out, it is probably acceptable. Typically, the attorneys look at the total amount paid by the defendants, then take a per centage. The costs are usually taken out of the clients? portion. I suggest that you read the contract carefully. If you are not happy, file a fee dispute with the Nevada State Bar and they can usually work out a compromise.
Answered on May 27th, 2013 at 7:27 PM