Your Lawyer May Win, but You'll Lose when Your Money Disappears

A certain 60 year old woman has been paying her attorney every month for legal fees accrued four years ago. The fee takes a huge percentage of the $101 monthly disability settlement she was awarded by the state compensation fund office. Another case in the same state, which was published in the newspaper, tells of a disabled miner who has been making monthly payments to his attorney for the past decade! The disabled miner won a whopping $134 a month pension with the help of this attorney, who is collecting a portion of that payment every month.

These cases, though very common, show how legal fees are hard on the poor. One claimant, whose husband was bedridden with cancer, was also on welfare. But the poor are the only ones affected by large legal fees. It riddles the middle class wallet, as well.

The American middle class is targeted with exorbitant legal fees because they have the money and resources to be able to make regular payments, yet lack adequate representation in the state legislature. Ironically, most of the attorneys in the U.S. were born into the middle class, so the potential interpretation is that they subconsciously hate the middle class from whence they came.

The fees for retaining the services of a lawyer are based on an hourly rate. According to one lawyer, who specializes in compensation cases, told us that doctors and plumbers are paid. Lawyers should be, too. No one would say the lawyer should not be paid. But, how long is it fair to charge a percentage of the settlement? Divorces, will probates, and real estate investment can result in lifelong payments to lawyers.

There have been times when a lawyer has stolen large amounts of money from the people that trusted them with their fortunes. Instead of stealing the money outright, they chose to impose huge fees for the service of maintaining the trust accounts. One case showed how a lawyer and his partner took sixty percent of a six figure account over a five year time line. The person to whom the money belonged was unfit to run his own finances, according to the court. This matter had a happy ending, with the partners being ordered to repay the moneys taken from the estate. The lawyer who brought the case against them was considered eccentric by his peers. He was the only one who would take the case.

The media essentially contributes and encourages these improper and unethical dealings by only superficially treating the court system and the information as news sources. Fees given guardians and lawyers are certainly newsworthy, but are generally ignored. Local courts have this data available to the public. Bar associations exert pressure, as well. They strongly argue against any regulations which will alter the client and lawyer relationship. They do not hesitate to slap down any negative attitude toward the legal profession, should it be called out in the media.

Though legal fees are usually determined by hours spent on the case, sometimes lawyers will only take a percentage of the award as payment. One lawyer, in conjunction with his bar association, wants minimum fees applied to all cases. Another term for the percentage agreement is contingent fee, and the lawyer will gain a certain percent of the total compensation if the case is won. This contingency amount can be anywhere from 25 per cent to 50 per cent in personal injury and other tort cases.

The contingency fee was created in the United States, just like the game of poker was. Throughout Europe, solicitors cannot participate in a lawsuit if the agreement is that he only gets paid if they win the case, and then gets paid a percentage. In 1848 many workers needed help getting money for their on-the-job injuries, and that is how contingency fee arrangements were started. They didn't have any money to file a civil suit, so the contingency fee solved the problem.

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