Contrary to what you might have been led to believe, the amount that lawyers make from settlements isn’t set by law and to a certain degree depends on the type of settlement and what it relates to.
That doesn’t mean that the percentage that your lawyer will take can be negotiated beforehand, as no lawyer works on, or will undertake a case, on that basis.
All lawyers have a standardized fee that they’ll inform you about, and explain before they begin to work on your behalf.
It’s also important to understand that it isn’t just the lawyer’s fees that are taken into account when, and if, you win your settlement.
There are other costs involved in bringing any legal case, and these additional costs will also be taken out of your settlement before you receive the final amount that you have been awarded in court.
Typically, the other costs that are taken out of your settlement are directly attributable to the case and will be centered around the court costs and any, and all additional expenditure that might arise from, and during legal proceedings.
The good news though, is that if you don’t win a settlement, you won’t have to pay your lawyer.
As most settlements are centered around personal injury and liability cases, your lawyer should take your case on a contingency basis, which means that they don’t get paid unless they win, and their fee for winning the case will be a percentage of the final settlement that you’re awarded.
The bad news is, that if your lawyer does lose, then you will be responsible for paying all of the court costs and additional fees that were incurred during the case.
If you’re unsure of the costs that you might be responsible for in the event that you and your lawyer lose the case, speak to your lawyer first and they’ll happily guide you through everything that you need to know before the case goes to court.
So, the only question that’s left to answer is the elephant in the office, and that’s how much of your settlement your lawyer will take before you see any of the money.
As we’ve already said, it isn’t set and there is no absolute figure that covers every law office and which every lawyer has to abide by or agree to.
However, common practice dictates that most lawyers follow a set and similar pattern and take roughly the same fee from their clients if they win their case.
And the amount that your lawyer will usually take from your settlement amounts to exactly a third of the sum that you’ll be awarded.
Or, as lawyers like to say, thirty-three percent and that figure that they’ll quote makes it far easier to work out how much they’ll get paid before you do.
The actual numbers might vary by a percentage point or two depending on the lawyer that you hire to fight your case for you, but for all intents and purposes, the amount that they’ll get paid if you win almost always remains the same.
Whatever you get, your lawyer will get a third of.
Do Lawyers Lie About Settlements?
Why would a lawyer lie about a settlement? The idea that a lawyer might be induced to lie about any legal matter is one of grave concern, as any lawyer caught doing so would be disbarred and forbidden from practicing law in the future.
Do lawyers lie about the possible amount or fee that you might be awarded if you hire them to fight your case?
Again, it’s a question that has little merit, as there is no reason for them to do so. Regardless of the amount that you’re awarded in your settlement, your lawyer’s percentage of the fee that you’re awarded will be the same, thirty-three percent.
Yes, it’s in your joint interest for them to try and increase the amount that you might be awarded, but it makes no legal sense for them to generate a false image of what you could possibly be awarded, should they, and you, win your case.
As for whether or not a lawyer might lie to you about their previous experience and any settlements that they’ve won in the past to raise their profile and ensure that you hire them, it’s another baseless question.
Any settlement that your lawyer may have previously won is a matter of public record, so it makes absolutely no sense for them to lie about it, as the freely available facts, which you can easily check, will speak for themselves.
You might also be concerned about the myth that some lawyers have “stolen” their clients’ settlements, and if you are, you needn’t be.
Before the case begins, you will enter into a legally binding contract with your lawyer which they and you must abide by and any breach of that contract by either party could result in severe legal ramifications.
Can your lawyer steal your settlement?
Only if they want to disbarred and serve a lengthy prison sentence, and as no lawyer in their right mind would ever want to have to face the consequences of doing so, they will not, under any circumstances attempt to steal or cheat you out of any, or all of the settlement that you have won and are legally entitled to, and due.
Do Lawyers Take Cases They Can’t Win?
This is another of those urban myths about the legal profession that seems to have been started by a disgruntled client. No lawyer will ever take a case that they can’t win or elect to fight on behalf of a client that they don’t think that they can help.
If a lawyer chooses not to take your case, it might be due to the fact that they think it can’t be won, that they can’t help you or there might be another reason altogether.
But whatever that reason is, they’ll explain it to you before you leave their office. If a lawyer does take your case, it’s because they think, and know that they can win, and are determined to help you to the best of their ability.