Can I Negotiate for a Lower Attorney Fee for my Workers’ Comp Case?

Keeping a promise is something we are taught to do from a young age, and it translates into many of the choices we make as adults. For example, we know that when we sign a contract, we have to honor the terms, whether or not they work out in our favor. But there’s also the idea of renegotiating a contract due to unexpected circumstances. This can happen between clients and lawyers if the injury victim is already facing significant financial hardship and needs to recoup as much of the settlement as possible. Alternatively, it may turn out that the value of your case is lower than what you expected, leaving you with very little after the lawyer’s fees are deducted.

Here are some questions that people in this situation find themselves asking:

• Can I renegotiate for a lower fee after I sign a contract with the lawyer?
• What do I do if I want to re-negotiate a fee agreement after I sign with the law firm?
• What if my lawyer refuses to lower his fee for a workplace accident injury case after I sign the contract?

Modification of fee agreements is usually not a problem if you’ve paid upfront to hire a law firm. But those who hired lawyers on contingency have agreed to give their attorney a percentage of their settlement check. That means you are asking your lawyer to accept less money than they normally charge, and this is where things become awkward and confusing for a workplace accident victim.

This article will go over your rights as an injured worker who is looking for a way to reduce the amount of attorney’s fees from a workers’ compensation claim. Since we can only provide general information, please schedule a free consultation if you have specific questions about a work-related accident.

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I Already Signed the Contract – Is It too Late to Negotiate my Lawyer’s Fees?

No, it’s never too late to change a fee agreement you have with your lawyer, even if you have already signed a contract that says they are owed a certain amount / percentage at the end of your case. But you must also take into consideration that your lawyer is not obligated to lower their fees or re-negotiate any of the existing terms in the contract.

If your lawyer agrees to negotiate for a reduced amount with you, the revised terms must be in writing. The lawyer also has a duty to ensure that the client is fully aware of terms, so they should encourage you to ask any and all questions if there are parts of the contract that you don’t understand. Additionally, they should advise you of the right to speak with another attorney (independent counsel), who can ensure that the modified terms are reasonable.

Ethical Issues Concerning Attorney’s Fee Modifications

The standard of legal, ethical, and professional conduct by lawyers is determined by the State Bar of California. Thus, it would seem that they are the entity that makes rules for the re-negotiations of contracts between lawyers and clients.

However, the State Bar actually offers very little guidance on this issue, except to say that such agreements are not prohibited. However, the Bar does require all revisions to an existing contract, including fee percentages, to be “fair, reasonable, fully explained and consented to by the client.” This is a quote from a report titled Uncertain Ethics Requirements for Attorney Fee Modifications Counsel Compliance with Rule 3-300 when Modifying a Fee Agreement, which was drafted by the Committee on Professional Responsibility and Conduct.

The same report also recommends that lawyers encourage “the client in writing that he or she may wish to consult independent counsel and give the client a reasonable opportunity to do so.” As you can see, the Bar endorses getting a second opinion from another lawyer, similar to seeing another doctor when you want confirmation on a diagnosis or treatment plan.

In their report, the Committed stressed that clients are ultimately at a disadvantage when it comes to contract renegotiations. This is why you should protect yourself by reading the terms carefully, asking your lawyer for clarity on any areas of confusion, and never signing anything that gives you the slightest bit of doubt. Furthermore, you should always have another attorney look over the contract before you agree to any modifications with your workplace injury lawyer.

Can I Switch Lawyers if my Law Firm Refuses to Lower my Legal Fees?

Yes, you have the right to find a new lawyer during your case, no matter where you are in the legal process. So, even if you are headed to mediation or have a scheduled hearing date with the court, you are allowed to change lawyers on a workers’ compensation claim.

We can understand your urgency to fire your attorney if you are told that they won’t renegotiate for a lower fee. In many cases, it’s possible to find a new lawyer who will take your case for less than what you are currently being charged. However, this in itself may not be a good enough reason to switch lawyers, which is why it’s so important to obtain a second opinion. Our legal experts will review many aspects of your claim and the work your lawyer has done so far on your behalf. Then, we will educate you on the pros and cons of moving your case to another law firm, thereby allowing you to make an informed decision.

Aside from refusing to renegotiate their fees, there may be other problems that signal the need to cut ties with a workers’ compensation attorney. These include:

• Failure to return calls and emails within 3 business days
• Being disorganized / unprepared for meetings and conversations with you
• Your lawyer seems “clueless,” i.e., not experienced enough to handle the issues in your case
• You believe there are signs of unethical behavior / conduct – conflict of interest, not informing you of settlement offers, pressuring you to accept an offer that you’re not comfortable with, breaking client-attorney confidentiality, etc.

These are just a handful of examples, so if you have any concerns that you would like to discuss with us, don’t hesitate to call 24 hours a day, 7 days a week.

Contact Our Law Firm

Relationships between lawyers and clients can hit snags at various times throughout a workplace injury claim. But there is no need for you to stay in a situation that is not servicing your interests, like agreeing to a lawyer’s fee that you believe is too high.

By scheduling a free second opinion, you can learn about your rights and legal options from a lawyer with experience in employees’ rights and compensation claims. Perhaps we can offer you a better deal than what you are receiving from your current law firm, and switching over to us may be the right choice. If so, the transfer process will be handled by our attorneys from start to finish, so you have nothing to worry about.

In addition, we will provide you with free legal services for the duration of your case under an agreement known as the Zero Fee Guarantee. We only get paid by obtaining a portion of your settlement, at a rate that’s agreed upon ahead of time. And if we don’t recover your settlement, you owe us $0 in legal fees.

For a free second opinion consultation with a workplace accident attorney, contact us today.