Lawyers fees?

[Headhunter]

My wife's Aunt who is 88 and lives in San Antonio. She was involved in a car accident that was not her fault and received some serious injuries. She's recovered now.

She's using a lawyer she met at random out in public. She thinks he's nice. Last week we were in SA and I took her to the lawyers office to sign some paperwork and after inquiring about the fee she was being charged and much delay by the assistant was told she signed a 40% contract.

To me this is excessive and I let them know how I felt. The assistant said we'd have to take it up with the lawyer who wasn't there. Is this taking advantage of an elderly person. Does she have options? Can she renegotiate? They've received the check from the other parties insurance and are waiting on her insurance companies check. Both checks are/will be 30k each.

 

[BluegrassPoke]

They call them ambulance chasers for a reason.

 

[J.R. Murphy's]

While many states have a contingency fee schedule, Texas does not. Contingent fees, with the exception of those charged in certain special kinds of cases, such as workers' compensation cases, are not capped in Texas.

But yeah. 40% is definitely on the higher end. 20-30% would've been advisable.

The fact that it was in writing really hurts your stance. She could renegotiate, but that attorney is really under no obligation to make any changes to the fee arrangement. The only real recourse you have is to file a bar complaint, but unless the fee is determined to be "Illegal or unconscionable", I wouldn't hold my breath.

 

[Headhunter]

While many states have a contingency fee schedule, Texas does not. Contingent fees, with the exception of those charged in certain special kinds of cases, such as workers' compensation cases, are not capped in Texas.

But yeah. 40% is definitely on the higher end. 20-30% would've been advisable.

The fact that it was in writing really hurts your stance. She could renegotiate, but that attorney is really under no obligation to make any changes to the fee arrangement. The only real recourse you have is to file a bar complaint, but unless the fee is determined to be "Illegal or unconscionable", I wouldn't hold my breath.

I didn't think he did anything illegal but he damn sure took advantage in my book. The lady suffered a broken neck for crying out loud. She's up and walking but that is a dramatic injury for anyone and it's obviously slowed her down. Scumbag.

I had told her that she could of found someone for 25% tops if she negotiated. It's a simple insurance case the person that hit her has nothing to go after. Their insurance maxed out at 30k and her insurance maxed out at 30k. The lawyer did nothing but file the paperwork and after medicare gets paid back out of HER share the lawyer takes the lions share of the money. Pisses me off think we'll write a letter to the bar just to have it on the record.

 

[hollywood]

Yep, that's absurd. Generally on a contingency case the fee is calculated on a "stepped" basis. Thus, if settled with a minimal amount of fuss, expect to pay 25%, if you have to file a complaint in court, it may go up to 30-35% and if you go to trial you may end up with as much as a 50% fee. (But these numbers include the law firm/lawyer basically "fronting" the expenses and fees and they get nothing if they lose. Sort of a "risk-reward" calculation which may justify those numbers.)

I would say that you may actually want to hire another attorney and threaten him with a suit, for taking advantage of an 88 yr old. Just due to her age alone, there's likely some question about her competency to make a decision like this and may have felt pressured into signing the deal. If nothing else, include that in your complaint to the Bar Association.

 

[long-duc-dong]

Sounds like a sys move for sure.

 

[Cowpoke]

He didn't give her free mall walking shoes did he?