Can I Renegotiate on a Contingency Fee Agreement with my Lawyer?

Upholding the terms of a contract is a basic principle that we try to honor, even if we run into financial hardships or find that we should have read the contract more carefully. But what if life takes an unexpected turn in the days after an accident? In that case, you may be asking yourself, “Can I renegotiate a contingency fee agreement with the law firm after I sign the paperwork?”

Unlike a retainer, a contingency fee agreement allows you to hire a lawyer without paying upfront. This is very advantageous when it’s obvious you were injured by another party’s negligence, but you don’t have thousands of dollars to retain a qualified attorney. Depending on the complexity of your case, you will owe your attorney more than the original retainer, so allowing your lawyer to take these fees out of your settlement is a sensible arrangement.

So, the big question is, can you ask your lawyer to reduce the amount they are projected to receive from a future settlement? That’s the subject we will explore in this article, along with other topics that may be of interest to you. However, this information is not a substitute for legal advice from an experienced personal injury, which you can obtain by scheduling a free consultation.

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Can I Negotiate Attorneys’ Fees if I Signed a Contingency Fee Agreement?

Yes, it’s possible to negotiate an existing fee agreement or any other part of a contract that you signed with your attorney. There are no limitations on when you can do this during a lawsuit, though it’s important to remember that your lawyer can say no if they are not interested in changing the terms of the current contract.

If you and your legal representative agree to make changes, there must be a written document that details the revision. This is a legal requirement in California, along with the need to obtain both the client and lawyer’s signature on the document. Putting things in writing is crucial to protecting the interests of both parties and making sure there is no miscommunication on the exact amount the client owes their attorney.

The Ethical Implications of Changing a Contingency Fee Agreement

Now that you know about your right to revise the terms of a contract with a lawyer, let’s look at some of the ethical issues that can arise when a client wants to renegotiate for a lower contingency fee.

Interactions between clients and lawyers, including any changes to an existing contract, are governed by the State Bar of California. But the actual process of how to modify a contingency fee agreement is not spelled out in the Bar’s Rules of Professional Conduct. However, there is nothing to prevent you from negotiating for a reduced fee, whether you paid your lawyer upfront or agreed to sign over a portion of your settlement check.

The only real guidelines are found in a report titled Uncertain Ethics Requirements for Attorney Fee Modifications Counsel Compliance with Rule 3-300 when Modifying a Fee Agreement. These are actually recommendations rather than established rules, but they do point out some very important issues, like making sure that all renegotiated terms are “fair, reasonable, fully explained and consented to by the client.” All the terms must be put in writing in a way that is clear and understandable to the client. Additionally, the document should advise the client that they have the right to seek independent counsel, i.e., have the agreement reviewed by another lawyer to ensure it’s in their best interest.

We agree that these conditions are necessary whenever there is the slightest change to a contract between a lawyer and their client. At the end of the day, most clients are not as knowledgeable in legal matters as their lawyer. Thus, they are owed greater care and protection when it comes to a legally binding contract. At the same time, clients must be sure that they understand every aspect of the new agreement and object if there is anything that they don’t feel comfortable with. And before you sign on the dotted line, ask for a second opinion from a lawyer that specializes in lawsuits similar to yours.

If you would like to schedule a free second opinion on an accident claim that’s currently in progress, don’t hesitate to contact our law firm.

My Lawyer Won’t Lower His Fee – Should I Get a New Attorney?

Firing a lawyer and finding someone else to represent you is your legal right, even if you are heading to trial or in the middle of negotiating a settlement award. For some claimants, finding a new lawyer who will take their case for a lower fee is the right course of action. But each decision you make in a legal case has pros and cons, and you must weigh all of these factors against each other before you move on to a new law firm.

Talking to another lawyer is the best way to deal with this situation. The accident injury lawyers of Normandie offer second opinions completely free of charge, so there’s nothing to lose by giving us a call. This is an opportunity to discuss the issues you are having, including your lawyer’s refusal to negotiate with you for a lower fee. Please contact us at your earliest convenience and schedule a time to meet with one of our legal experts.

Contact Normandie Law Firm

We believe that legal representation is a basic right for anyone who suffered harm due to another party’s negligence. That’s why all legal fees are deferred until the end of your case under an agreement known as the Zero Fee Guarantee. Our bills are paid directly by the defendant as a part of your settlement, so you owe us absolutely nothing if you don’t receive payment from a personal injury claim.

We look forward to speaking with you and providing information on your rights and legal options. Ultimately, only you can decide on the best way to resolve your case for an accident that was caused by someone else. But we are happy to be a part of that journey and hope that you will contact us for a free second opinion consultation.

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