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  1. #1
    Join Date
    Nov 2007
    Posts
    56

    Default Attorney Fees

    When I retained my attorney I signed a form agreeing to a fee of 1/3 of my settlement. I have read in several post that there is a 20% maximum on workers comp. Is that true and what do I do about the agreement that I signed?

  2. #2
    Join Date
    Feb 2007
    Posts
    59

    Default Re: Attorney Fees

    yes the state of tennessee has a law that only 20% can be charged but they can also ask for expenses which can be small or large depending on what they have to do. 1/3rd does sound alittle steep though I would ask for clarification on that from your lawyer on what else he might get from you or is it straight 1/3rd...

  3. #3
    Join Date
    Nov 2007
    Posts
    56

    Default Re: Attorney Fees

    He said that the charge for the IME and the psyhcological evaluation would come out of the settlement. Should I confront him about being charged 1/3 when the law only allows a 20% max?

  4. #4
    Join Date
    Jun 2007
    Location
    Tennessee
    Posts
    200

    Default Re: Attorney Fees

    He absolutely cannot collect a fee on a workers' compensation case in excess of 20% of the amount of any settlement or judgment you receive. It is not only a violation of the workers' compensation law, but is also a breach of professional legal ethics as well.

    He can collect money out of your settlement to cover any advanced expenses (IME fees, deposition costs, etc.), but that does not allow for 1/3 to be taken. It's simply 20% + any advanced costs.

    However, it could be as simple as a clerical error in failing to correct the standard personal injury fee agreement to reflect the fees in a workers' comp case.

  5. #5
    Join Date
    Nov 2007
    Posts
    56

    Default Re: Attorney Fees

    Thank you JLJ

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