Should I lay my attorney off?

nutxo

Diamond Member
May 20, 2001
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503
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I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?
 

nutxo

Diamond Member
May 20, 2001
6,824
503
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Originally posted by: loki8481
is he still doing work on the case?


Nope. He recieves my checks, takes his money and cuts me a check.
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,112
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Depends on what kind of a contract you signed with him. Better find out, where you stand.
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
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81
if you think he is milking you, he needs to go.

you would need to get an ass kicking payout for him to get what he is getting.

10% of your income????? does he also get a cut of what you end up with?

If so, he is getting $7k so far, 10% of you income (suppose you dont get a lot, you will be out of pocket in the end) and then a % of your settlement. I would not go for that.

Tell him he can have 1/3 of whatever you get and nothing more. see what he says.
 

pulse8

Lifer
May 3, 2000
20,860
1
81
Originally posted by: nutxo
Originally posted by: loki8481
is he still doing work on the case?


Nope. He recieves my checks, takes his money and cuts me a check.

Then why are you paying him 10% of your paycheck to do nothing?
 

josh0099

Senior member
Aug 8, 2004
543
0
76
Originally posted by: KarenMarie
if you think he is milking you, he needs to go.

you would need to get an ass kicking payout for him to get what he is getting.

10% of your income????? does he also get a cut of what you end up with?

If so, he is getting $7k so far, 10% of you income (suppose you dont get a lot, you will be out of pocket in the end) and then a % of your settlement. I would not go for that.

Tell him he can have 1/3 of whatever you get and nothing more. see what he says.

Um maybe my math is off right now...its late but 1/3 straight up on the entire settlement is more then 10% on each payment...

Say my settlement was $1000 and I got it in 10 payments of $100 each (Lawyer Cut 10%= $10 each time x 10=$100)

1/3 x $1000 = $333

10% isn't really that bad on a settlement from the figures I have heard...but again I don't know much about lawyers fees.

*EDIT*
*Not sure if lawyer is taking his regular income or settlement income....*
 

KarenMarie

Elite Member
Sep 20, 2003
14,372
6
81
Originally posted by: HyTekJosh
10% is not much for an attorneys cut. I usually see 25-33%+.

That is 10% of his current income. Not 10% of the settlement.

He has paid the lawyer $7k so far and is now paying 10% of his income. I am curious as to what the lawyer will want for his cut of the settlement.

edit: wait... i might have misread that.

OP... did you get your settlement in payments and he is taking a cut of those? Or is he working to get you a settlement and you are paying him from your income to do so?
 

MotionMan

Lifer
Jan 11, 2006
17,124
12
81
Originally posted by: nutxo
I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?

Is it possible you injured your head?

I am a lawyer and I have no idea what you are talking about.

MotionMan, Esq.
 

KK

Lifer
Jan 2, 2001
15,903
4
81
Originally posted by: MotionMan
Originally posted by: nutxo
I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?

Is it possible you injured your head?

I am a lawyer and I have no idea what you are talking about.

MotionMan, Esq.

Well his name is nutxo
 

nutxo

Diamond Member
May 20, 2001
6,824
503
126
Originally posted by: MotionMan
Originally posted by: nutxo
I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?

Is it possible you injured your head?

I am a lawyer and I have no idea what you are talking about.

MotionMan, Esq.

I was injured at work. I needed surgery and comp denied my claim and wanted me to repay 4 months wages that were paid befire they denied the claim . I hired a lawyer and it took 5 months to appeal. We got the appeal. My lawyer took 30% of what comp said I owed them and 30% of the 5 months wages comp owed me while we waited for the appeal. Now he takes 10% of every check comp sends me for processing. When the claim closes he'll want another 30% for my paid partial disability.

Is that more clear?

 

MotionMan

Lifer
Jan 11, 2006
17,124
12
81
Originally posted by: nutxo
Originally posted by: MotionMan
Originally posted by: nutxo
I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?

Is it possible you injured your head?

I am a lawyer and I have no idea what you are talking about.

MotionMan, Esq.

I was injured at work. I needed surgery and comp denied my claim and wanted me to repay 4 months wages that were paid befire they denied the claim . I hired a lawyer and it took 5 months to appeal. We got the appeal. My lawyer took 30% of what comp said I owed them and 30% of the 5 months wages comp owed me while we waited for the appeal. Now he takes 10% of every check comp sends me for processing. When the claim closes he'll want another 30% for my paid partial disability.

Is that more clear?

Yes. Not that I am giving you legal advice nor are we forming any sort of attorney-client relationship, but it seems to me that it does not matter if you fire him since he will probably have a lien on all of the above anyway. This, of course, is unless your new lawyer could get the lien extinguished for some reason.

I do not do WC, but it sure seems like you got a lousy deal, but, then again, that may be a standard set up in WC. Also, I do not practice in your state, so I have no idea what the applicable laws are.

MotionMan
 

nutxo

Diamond Member
May 20, 2001
6,824
503
126
Yeah. I it is a standard deal.

I need to see if I can track down my crap and see if he does have a lien I think.
 

ebaycj

Diamond Member
Mar 9, 2002
5,418
0
0
Originally posted by: MotionMan
Originally posted by: nutxo
Originally posted by: MotionMan
Originally posted by: nutxo
I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?

Is it possible you injured your head?

I am a lawyer and I have no idea what you are talking about.

MotionMan, Esq.

I was injured at work. I needed surgery and comp denied my claim and wanted me to repay 4 months wages that were paid befire they denied the claim . I hired a lawyer and it took 5 months to appeal. We got the appeal. My lawyer took 30% of what comp said I owed them and 30% of the 5 months wages comp owed me while we waited for the appeal. Now he takes 10% of every check comp sends me for processing. When the claim closes he'll want another 30% for my paid partial disability.

Is that more clear?

Yes. Not that I am giving you legal advice nor are we forming any sort of attorney-client relationship, but it seems to me that it does not matter if you fire him since he will probably have a lien on all of the above anyway. This, of course, is unless your new lawyer could get the lien extinguished for some reason.

I do not do WC, but it sure seems like you got a lousy deal, but, then again, that may be a standard set up in WC. Also, I do not practice in your state, so I have no idea what the applicable laws are.

MotionMan


Yeah, you got bent over. Sucks to be you.
 

Old Hippie

Diamond Member
Oct 8, 2005
6,361
1
0
but it seems to me that it does not matter if you fire him since he will probably have a lien on all of the above anyway.
I'd be very suprised if any lawyer wouldn't do that.
 

dainthomas

Lifer
Dec 7, 2004
14,936
3,915
136
Originally posted by: nutxo
Originally posted by: MotionMan
Originally posted by: nutxo
I was injured a few years ago and was having major issues with my claims so I had to hire a lawyer. He sent like 3 letters to get my claim opened and it cost me like 7k. Now he takes a solid 10% off my income.

I got a letter today saying that from now on all payments will be automated. Should I let him go and rehire him when the claim closes?

Is it possible you injured your head?

I am a lawyer and I have no idea what you are talking about.

MotionMan, Esq.

I was injured at work. I needed surgery and comp denied my claim and wanted me to repay 4 months wages that were paid befire they denied the claim . I hired a lawyer and it took 5 months to appeal. We got the appeal. My lawyer took 30% of what comp said I owed them and 30% of the 5 months wages comp owed me while we waited for the appeal. Now he takes 10% of every check comp sends me for processing. When the claim closes he'll want another 30% for my paid partial disability.

Is that more clear?

It is indeed quite clear that you've been pwned.
 

PingSpike

Lifer
Feb 25, 2004
21,758
603
126
Originally posted by: Old Hippie
but it seems to me that it does not matter if you fire him since he will probably have a lien on all of the above anyway.
I'd be very suprised if any lawyer wouldn't do that.

Yeah...I mean...this is the kind of stuff they think about.
 

CptObvious

Platinum Member
Mar 5, 2004
2,501
7
81
Yep, he'll probably claim a charging lien. You'll have to hire another lawyer to fight him on this.