Submitted by Quinn90 on Fri, 10/22/2010 - 08:26
Just wondering about this one. I understand that it's the usual practice for personal injury attorneys to take 1/3 of the recovery and I get it that sometimes the attorney will get nothing if the claim does not prevail. But is it legal in Massachusetts to arrange a different type of fee so that the attorney gets a smaller amount if the damages and recovery are very large? My boyfriend is look for an injury lawyer and want to try to limit how much he has to pay since, based on his research, he is fairly sure he will get a large recover. What do you think?
Fees in PI case
The standard 1/3 fee arrangement is not required by law but, rather, is a contractual arrangement. When your boyfriend hires a personal injury attorney, he is free to try to negotiate a different fee structure. A sliding scale is not unheard of and, in fact, a sliding scale for fees in mandated by Massachusetts law for medical malpractice cases. If an attorney looks over your boyfriend's case and believes there could be a large recovery, she may be willing to discuss a sliding fee arrangement. Good luck, and I hope your boyfriend has recovered from his injuries.