Tag Archives: CIVIL LAW

Is an attorney contingency fee fair?

Q. My lawyer wants 40% for attorney fee plus litigation costs. This worries me as to what % this might cost in the end. My wife fell in parking lot of a Kings restaurant and this resulted in a concussion. I’m worried that we may end up with a small % of the final settlement if the litigation costs are too high. Is this a normal agreement or is it too high

A. In this part of the state, normal fee agreements give 33.3% to the attorney if the case settles and 40% if it goes to trial. The norm is for the attorney to be reimbursed for his costs-expert fees, filing fees, fees charged for records, out of the settlement proceeds. So yes, the attorney would take his moneys and fees that he advanced for the case first. Then, from the balance of the remaining proceeds, he or she would take the above percentage. Normally, attorneys do not take contingency cases that will be unprofitable. Some attorneys will reduce their share if the case settles easily and for a lower dollar amount. I have lowered my fee on occasion with small settlements for which I didn’t spend a great deal of time or money and the person is in need. You can always ask.

CAN I SUE FOR UNFINISHED WORK ON CONTRACT?

Q: I have an incomplete contract from a client, can I sue for the monetary value of the rest of the terms? I had a contract with a client for 18 months, but only completed seven months of it because he could “no longer afford to” pay on it. Is this an acceptable reason for him to discontinue said contract, or can I sue for the value of the 11 months unpaid and unworked?

A: It depends on the language in the contract. A good contract would have spelled out damages if there is a breach. If the contract does not spell what constitutes breach and does not address damages, you possibly may be able to recover under other theories of contract law, such as quantum meruit . This ancient contract doctrine is based on the work you actually performed that you were not paid for or costs that you advanced for which you were not reimbursed for months 8 through 18. You really need to let a lawyer look at the contract and hear all of the facts to assess whether you have grounds to sue, and whether it would be worth suing this particular defendant.

Can I Sue for Unfinished Work on a Contract?

Q: I have an incomplete contract from a client, can I sue for the monetary value of the rest of the terms? I had a contract with a client for 18 months, but only completed seven months of it because he could “no longer afford to” pay on it. Is this an acceptable reason for him to discontinue said contract, or can I sue for the value of the 11 months unpaid and unworked?

A: It depends on the language in the contract. A good contract would have spelled out damages if there is a breach. If the contract does not spell what constitutes breach and does not address damages, you possibly may be able to recover under other theories of contract law, such as quantum meruit . This ancient contract doctrine is based on the work you actually performed that you were not paid for or costs that you advanced for which you were not reimbursed for months 8 through 18. You really need to let a lawyer look at the contract and hear all of the facts to assess whether you have grounds to sue, and whether it would be worth suing this particular defendant.

CAN CONTRACT BE CHANGED WITHOUT ME SIGNING?

Q: Once a contract is signed, is it possible to change a component and hold a party to the change without signing a new contract?I signed a contract with my nursing school when I started in August 2012. This is a 2 year program. On May 31, 2013, there was a change to the contract. I was never asked to sign a new contract until I brought the discrepancy up to the Dean. Is it legal for her to hold me to the change if I didn’t sign anything to agree to it? Is it legal for the Dean to tell us this contract is “for clinical reasons” when it is a grading scale issue?

A: Generally speaking, once it is signed, one party to a contract cannot unilaterally change any fundamental terms. This is unless language permitting such changes exists in the contract. However, I am not looking at these contracts and really cannot give you a certain answer. You need to review the contract with an attorney. I wouldn’t discuss this matter at school until you are fully apprised by an attorney as to whether you have legal rights or not. Also, I would also only fight this battle if it is an important one in that you want to be on good terms with the persons who right now can influence your career.

Parking garage lost my keys. Can I sue?

Q: Can I sue a garage for losing the keys to my car they are refusing to pay for new ones and I have no spare?

A: The garage owed you a duty under bailment law. This was an implied contract to maintain your personal property, in exchange for the fee you paid. They probably have a disclaimer and release on the ticket which says they are absolved from any such loss, but most likely it will not be a defense to them in court. New key fobs with all of their technical capabilities can run at least $200.00 to replace and reprogram and sometimes much more for some of the higher end cars. It is a long shot, but you could also look to your insurance to see if they will cover this loss. Then, your insurance company can go after the garage.