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lawyer fees-20%? Illinois

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  • lawyer fees-20%? Illinois

    I hope someone can answer this question. Can a wc lawyer in IL get more than 20%? I was given back-pay and the lawyer took out 20% then additional money for fees. It ended up near the 50% mark. Thanks for any imput you could give!

  • #2
    Sounds like a lot... but what did your original agreement say?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      7. How much can an attorney charge?
      The law limits the attorney’s fee:
      a) An attorney shall not charge any fee on payments the employer
      voluntarily made in a timely and proper manner for medical care,
      TTD, and any other compensation.
      b) The attorney's fee is limited to 20% of compensation recovered,
      up to 20% of 364 weeks of the maximum TTD benefit, unless a
      hearing is held and the Commission approves additional fees.
      c) If the employer made a written offer to the employee, the
      attorney may only charge a fee on the amount recovered in
      excess of this offer. In this case, the attorney’s fee may exceed
      20% of the additional amount recovered.
      d) The attorney's fee must be stated on the Attorney Representation
      Agreement form, signed by the employee (or in death cases, by
      the beneficiaries) and approved by the Commission.


      Straight from the state website
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        the lawyer took out 20% then additional money for fees.
        Additional money for fees? Or for case expenses? Were there depositions, expert witnesses, record retrieval?

        Did the attorney give you an accounting of what the "additional money" over the 20% was for? Ask him or her to review your attorney-client agreement and the disbursement of the funds with you so that you understand it.

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        • #5
          Not common practice. The old lawyer also does not have to turn over notes or records of conversations, particularly those governed by attorney/client priviledge.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            Originally posted by ElleMD View Post
            Not common practice. The old lawyer also does not have to turn over notes or records of conversations, particularly those governed by attorney/client priviledge.

            I understand that the old lawyer does not have to provide information directly to the new one. But isn't the work product of the relationship, including work done, owned by the client (assuming the client has paid)?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              For one, the client hasn't paid yet as this is a WC claim. Second, in law there are very few "products" and most of those are public record anyway. The biggest chunk of the file is going to be the medicals and communications from the carrier, which aren't unique to the attorney.

              Some attorneys do not mind sharing and will turn over the materials. It doesn't hurt to ask.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment

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