You may be able to negotiate lawyer fees after a settlement, but your legal team is not obligated to negotiate. In personal injury cases, lawyers typically work on a contingency fee basis, which sets their fees as a percentage of your recovered compensation. You agree to this fee when you hire a lawyer, so it can be difficult to negotiate lower fees later.
If you were injured, a Houston personal injury lawyer from Omega Law Group Accident & Injury Attorneys can help you with the legal process.
When Can You Negotiate Lawyer Fees After a Settlement?
There are certain situations where negotiating to lower lawyer fees after a settlement makes sense. However, the initial contract you signed with your lawyer is legally binding, so they are also under no obligation to negotiate with you.
Some common situations where asking to negotiate may make sense include:
- The case settled unexpectedly quickly, and there was minimal work needed from your lawyer.
- You have medical liens or other expenses being deducted from the settlement, and it will leave you with very little.
- There were unexpected deductions or third-party costs that weren’t properly explained to you.
Even in cases where you believe a negotiation would be fair, your lawyer is not required to do so. Your personal injury attorney should always present the initial contract to you in a fair way and fully answer any questions you have. The team at Omega Law Group will fully explain your contract before you sign it.
What Are Contingency Fees, and Why Do They Affect Negotiations?
The majority of personal injury lawyers work on contingency. This type of fee structure allows injury victims to have legal representation without upfront costs. However, because of this fee structure, the client must sign a contract with the lawyer ahead of time that clearly outlines the fees their lawyer will deduct from their final settlement.
Having these fees clearly outlined ahead of time is meant to make the process fair to both parties. It’s important to ask questions and express your concerns to your lawyer before signing the contract, so that you are reaching a mutually beneficial agreement.
How Should You Ask to Renegotiate Lawyer Fees After a Settlement?
Asking to renegotiate should be handled with a calm attitude and approach. While your lawyer isn’t under an obligation to renegotiate, some lawyers will do so as a way of retaining goodwill with their clients. Approaching them in an angry or accusatory manner can start this process off on the wrong foot.
If you believe a negotiation is in your best interest, you should:
- Make sure you understand your initial contract. Review the terms of your legal fees and any additional outlined costs.
- Write down your reasons for requesting a negotiation so that you can explain yourself clearly. For example, have documentation of the medical liens that will be deducted.
- Be ready to compromise. If your lawyer is unwilling to renegotiate, they may be open to alternatives. For example, doing a payment plan instead of having the fees immediately deducted from your settlement.
Omega Law Group will always discuss your fees before you sign a contract with your legal team.
(310) 526-8383What If Your Lawyer Refuses to Negotiate Lawyer Fees After a Settlement?
If your lawyer refuses to negotiate lawyer fees after a settlement, you may still have options. Depending on your situation, here are some possible actions you can take:
Get a Second Legal Opinion
If you believe that your lawyer took too high a fee, it can be helpful to talk to another attorney. They can explain whether the fee was standard or if it seems excessive.
File a Complaint With the State Bar Association
In rare cases where your lawyer acted unethically, such as hiding fees, you can submit a formal complaint to the State Bar of Texas. However, this step should only be used when you have evidence of a clear violation of bar ethics.
FAQs About Negotiating Lawyer Fees After a Settlement
Below are answers to common questions about settlement fee negotiation.
Can I switch lawyers if my lawyer refuses to negotiate lawyer fees after a settlement?
If your case has been formally settled, then switching lawyers will not affect the outcome of the fees you owe to your original lawyer. However, getting a second opinion about the fees, such as from an attorney at Omega Law Group, can be helpful.
Will my lawyer get mad if I ask to negotiate lawyer fees after a settlement?
As long as you approach them respectfully, it’s unlikely that your lawyer will get mad at you for asking to renegotiate the terms of your contract. However, it’s important to understand that they are under no legal obligation to agree to a renegotiation.
What factors affect a lawyer’s fees?
Typically, when a lawyer works on a contingency fee, their percentage is set by factors like the complexity of your case, whether they will need to work with expert witnesses or other third parties, and whether your case is expected to go to trial rather than settling out of court.
Contact a Personal Injury Attorney in Houston Today
Can you negotiate lawyer fees after a settlement? You can always ask to renegotiate, but your lawyer is not required to do so. If you have questions or concerns about fees, it’s always best to address them as early in the process as you can.
If you were injured, Omega Law Group is here to stand by your side. Reach out today to schedule a free consultation with our legal team.
