回复:What in the Agreement

回答: 回复:Another Law Suit ?!apt2008-07-07 11:25:52

He is a lawyer so that he knew better not to take the client's fund, and of course, an attempt does not count. That is why he was angry when you did not consent.

California Business & Professions Code Section 6147 (a)(2) says the contingency contact SHALL include "a statement as to how di*****ursements and costs incurred in connection with the prosecution or settlement of the claim will affect the contingency fee and the client's recovery." Section 6147 (b) says "failure to comply with any provision of this section renders the agreement voidable at the option of the plaintiff, and the attorney SHALL thereupon be entitled to collect reasonable fee."

There are five provisions in 6147 that must be in your contract. Go search 6147 online and try to find the exact words in your contract. Without seeing the contract, at least I can guess that the contract does not specify how much he can collect at which step. I don't think he can collect more than reasonable costs because he never prosecuted the claim. You went there alone and settled with the defendant. I still encourage you to report him because most of these questions are heavily fact based so that only the governors of the state bar will answer your questions accurately.

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Thank you for this helpful information. -zclearwater- 给 zclearwater 发送悄悄话 (195 bytes) () 07/08/2008 postreply 21:26:47

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