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  1. #1
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    Default Lawyers Fees for Final Settlement

    My workers compensation claim was made in the State of: MD

    My lawyer asked me for an additional 17,500 in attorneys fees on top of what the Commission ordered her to be paid. Is this something that happens ? And should I feel bad saying NO??

  2. #2
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    May 2010
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    Default Re: Lawyers Fees for Final Settlement

    Quote Quoting jerry68 View Post
    My workers compensation claim was made in the State of: MD

    My lawyer asked me for an additional 17,500 in attorneys fees on top of what the Commission ordered her to be paid. Is this something that happens ? And should I feel bad saying NO??
    Did you not sign a contract with your attorney?....I would start there. Hope you have a copy, that may make it clearer?

  3. #3
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    Default Re: Lawyers Fees for Final Settlement

    Yes at the beginning, but she is asking for me to sign something else now to give to the commission stating that I agree that she did a great job and she should get more money.

    I was caught off guard and put on the spot with such a question?

  4. #4
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    5,328

    Default Re: Lawyers Fees for Final Settlement

    Quote Quoting jerry68 View Post
    My workers compensation claim was made in the State of: MD

    My lawyer asked me for an additional 17,500 in attorneys fees on top of what the Commission ordered her to be paid. Is this something that happens ? And should I feel bad saying NO??
    That doesn't happen and is illegal.

    she is asking for me to sign something else now to give to the commission stating that I agree that she did a great job and she should get more money.
    Fees are set by law, they're not negotiable - all attorney's are expected to do a great job.
    The commission couldn't grant such a stupid order if they wanted to - I find it hard to believe that any lawyer would try such a stupid stunt.
    This thread makes zero sense.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
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    Default Re: Lawyers Fees for Final Settlement

    Thank you!! my wife said they should do a great job so they can get referrals, not a tip! Lawyer asked me this on the phone when most questions have been by email or letter in the mail. I just replied to her that I would not agree to it. So I am waiting for another response, Hopefully nothing else!

    got a response back that the hours she and her staff spent on my case over the years equals more than the commission allows for her fees. UGGHHHH and that I settled for a lot and this isn't that much for me to be without?

  6. #6
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    Oct 1971
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    Default Re: Lawyers Fees for Final Settlement

    ot a response back that the hours she and her staff spent on my case over the years equals more than the commission allows for her fees. UGGHHHH and that I settled for a lot and this isn't that much for me to be without?
    I see you're in California - this is a worker compensation case, right?
    If so fees are capped at !5% of the benefits awarded - I'm sure your lawyer is well aware of this.

    I still find this thread not credible - any lawyer knows better, something doesn't make sense here.
    Like I said, the commission wouldn't allow it and no judge would ever approve it. - the very idea is stupid.

    State of California
    Department of Industrial Relations
    Division of Workers' Compensation

    FEE DISCLOSURE STATEMENT
    If you choose to be represented by an attorney, your attorney's fees will be deducted from your benefits. The fee
    will be approved by the Workers' Compensation Appeals Board with consideration given to the: (1) responsibility
    assumed by the attorney; (2) care exercised in representing you; (3) time involved; and, (4) results obtained.
    Attorney's fees normally range from 9% to 12% of the benefits awarded.
    https://www.dir.ca.gov/dwc/forms/dwc3.pdf

    California: Calculating the Attorney’s Fee
    In the noteworthy panel decision of Stephens v. Patten Energy Enterprises, Inc., 2012 Cal. Wrk. Comp. P.D. LEXIS 668 [2012 Cal. Wrk. Comp. P.D. LEXIS 668], the WCJ followed the above criteria set forth by the DCA and the WCAB. The WCJ noted that the case was of above average complexity and therefore an award of 15% of the 83% permanent disability (PD) was warranted. Since the PD award exceeded 70%, the injured worker was entitled to a life pension.

    V. Conclusion:
    Attorney’s fees must be calculated based on the criteria set forth in the Labor Code, the regulations and the DWC/WCAB Policy and Procedural Manual. Most fees will be calculated based on a percentage of the injured worker’s PD, including a life pension. However, where LC 5801 fees are concerned, if an attorney is requesting more than $2,500, adequate evidence must be presented to establish a higher fee.
    https://www.lexisnexis.com/legalnews...attorney-s-fee

    Tony
    Last edited by tony; 07-11-2022 at 04:53 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  7. #7
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    Default Re: Lawyers Fees for Final Settlement

    It is very credible, I wouldn't ask for advice if I thought this was how they do business. Also I am in MD, I can forward her email to you in a private message if you prefer. She said there is a fee schedule but she can petition for a higher fee if circumstances warrant it. She said putting in 125 hours in the past 5 years equals more than the fees allowed unless she petitions for more, but I have to sign the agreement.

  8. #8
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    Oct 1971
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    Default Re: Lawyers Fees for Final Settlement

    Also I am in MD
    My mistake, I was reading past postings and got you mixed up, this why it's important to post your state - I just wasted a half hour.
    The idea that an attorney would ask a client for an additional 17,500 is ridiculous in a state where the cap is $20,000. - they dam well know it would never fly.

    I'm not going to waste any more time explaining how the system works so I'll just post one source from an attorney to make this simple.

    Maryland Workers Comp Attorney Fees for settlement or a permanency award
    The contingency fee arrangement in a workers compensation case is unique because Maryland’s Code of Regulations indicates in black letter law what the attorney may charge. The typical Maryland workers comp attorney fee is 20%, however as the amount of compensation recovered increases the fee percentage decreases. If the attorney recovers $300,000 the fee is not going to be $60,000.

    What is also interesting about Maryland workers comp attorney fees is that the fee is capped by state law. For example if the recovery is $200,000, the fee is likely going to be close or the same as a fee in a $500,000 case. Depending on the year of the injury the cap will be different. Currently attorney fees are capped at below $20,000.
    https://workinjurymaryland.com/worke...attorney-fees/

    Attorneys Fees
    When the WCC orders that the Claimant is entitled to compensation based on permanent partial disability, the Claimant will receive a weekly award. For these cases, an attorney is only entitled up to 20% of the amount due for the first 75 weeks of an award of compensation awarded, up to 15% of the amount due for the next 120 weeks of an award, and up to 10% of the amount due in excess of 195 weeks. For cases involving amputation or loss of vision, an attorney is only entitled to a fee up to 5% of the compensation awarded, but the compensation cannot be greater than six times the state average weekly wage (SAWW) for the year the injury occurred.
    https://www.mdcomplaw.com/info/worke...ttorneys-fees/

    but I have to sign the agreement.
    You don't have to nothing - if you feel like giving money away, go for it - I say make them petition the court for a laugh.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  9. #9
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    Jun 2022
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    41

    Default Re: Lawyers Fees for Final Settlement

    Thank you, I appreciate that. This lady has been around for a while too. you would think she would know there is a cap, but her exact wording was Her amount of time spent and her staff and the outcome warrants higher pay. I definitely won't sign anything, it would also put me in the doghouse with my wife! LOL

    Well I said I would not offer more of my funds and now she has called me 3 times today, leaving messages for me to call back to discuss. It seems she isn't submitting the final paperwork until she harasses me til I cave!

  10. #10
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    Oct 1971
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    Default Re: Lawyers Fees for Final Settlement

    My lawyer asked me for an additional 17,500 in attorneys fees on top of what the Commission ordered her to be paid.
    Did you sign this form already? If so the commission has determined the allowable attorney fees under Md. Code Regs. 14.09.04.03 - your attorney passed the chance to ask for additional fees.
    https://www.wcc.state.md.us/PDF/PDF_Forms/H44_fill.pdf

    Md. Code Regs. 14.09.04.03
    https://casetext.com/regulation/mary...attorneys-fees

    I would not agree to a dime more than what the commission ordered.
    I'm not sure of what's going on here or what phase of the settlement you're in - you better consult another attorney or the commission to find out what's going on.

    https://www.wcc.state.md.us/Adjud_Cl...tml#settlement

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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