Can a lawyer take 25% of your pip check and also take 25% of the amount settled with the insurance company? 11 Answers as of April 05, 2013

At the beginning of this our lawyer told us we would get the pip check that was for $2500.00 and now he is saying they are taking 25% of that and then when we get our settlement another 25% will be taken out. To my understanding whether or not we got a lawyer we were still in titled to get the $2500.00 pip check and not have to pay anything.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Discuss it with your lawyer. You can ask the grievance commission to look into it.
Answer Applies to: Michigan
Replied: 4/5/2013
The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
You should consult your written agreement with him. Most agreements state that a fee may be taken on any money recovered by the attorney. Discuss this with you attorney.
Answer Applies to: Louisiana
Replied: 4/5/2013
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
You should read the Retainer Agreement you likely signed when you hired your lawyer/firm. Generally it will control issues such as this. It is not unusual for a lawyer to take a fee from a PIP settlement or a 3rd party settlement, if those settlements were procured through the lawyers efforts. If a voluntary PIP payment is made that the lawyer had nothing to do with obtaining, then whether a fee on that is proper again depends on what the Retainer Agreement stated. You can certainly talk with your lawyer re: not taking a fee on any PIP payment that was to be made to you that he/she had nothing to do with obtaining and they may agree not to take a fee thereon. Do note that the typical fee in these matters is 33 1/3%, so it appears as if your attorney is giving you a discounted fee.
Answer Applies to: Michigan
Replied: 4/5/2013
Durham Jones & Pinegar | Erven Nelson
That all depends on what is written in the engagement letter. Nevada rules require all contingency contracts to be in writing for this very reason.
Answer Applies to: Nevada
Replied: 4/5/2013
David P. Slater, esq.
David P. Slater, esq. | David P. Slater
Read your retainer agreement.
Answer Applies to: Florida
Replied: 4/4/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    You should have a written fee agreement in a % contingent fee case . What does yours say about this ?
    Answer Applies to: Illinois
    Replied: 4/4/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your attorneys fee is normally based on your written agreement with him. What does it say about fees? If you don't have a fee agreement (you should) then you can contact the fee grievance committee of the bar. If the local bar does not have committees, contact the state bar in Raleigh. Make sure you know what you are doing. Almost all lawyers have their fee agreements in writing and I suspect yours does and I suspect he and you have agreed to the fee division. You just don't seem to know what is going on.
    Answer Applies to: North Carolina
    Replied: 4/4/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    I don't think a lawyer should take 25% of the PIP check, because you would get that regardless of anything the lawyer did. I have a serious problem with a lawyer taking a percentage of a PIP check and you might want to tell the lawyer that you do not want him taking a percentage out of any monies you get from PIP. If he still insists on taking 25% of the PIP money, then file a grievance against him with the Florida Bar.
    Answer Applies to: Florida
    Replied: 4/4/2013
    Mark G. Patricoski, P.C. | Mark G. Patricoski
    Yes. If you had an issue with his fees, you probably should have raised the issue before he did all the work. It is similar to complaining about the fee for the painter who painted your house, but you only bring it up AFTER HE IS DONE.
    Answer Applies to: Illinois
    Replied: 4/4/2013
    Gates' Law, PLLC | Thomas E. Gates
    You need to review you fee arrangement with your attorney. It likely states that the gross amount of all moneys received would be subject to the 25% contingence. The 25% is below the normal 33% charged by personal injury attorneys.
    Answer Applies to: Washington
    Replied: 4/4/2013
    Law Offices of Benjamin D. Pelton | Benjamin D. Pelton
    Most lawyers charge for collecting the PIP unless there is something very difficult in collecting . you have to look at the contract you signed with the lawyer. my office does not charge for collecting PIP unless i have to file a law suit to get it.
    Answer Applies to: Virginia
    Replied: 4/4/2013
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