By Ben Sessions on December 24th, 2021 in
Will I be responsible for attorney’s fees and/or costs if we do not win?
No, our firm does not charge a fee or seek reimbursement of costs in personal injury cases if our client does not obtain a recovery. Our fee agreements in personal injury cases are based upon a contingency fee. The contingency is that if no recovery is obtained, we do not get paid. Our contracts call for the same rule to be applied for the costs that are incurred in the development of the case. We frequently incur significant costs in the development of our clients’ cases and those costs are not reimbursed to the firm unless we obtain a recovery on your behalf.
Below are the contract provisions that we usually include in personal injury and car accident cases:
As compensation for their services, I agree to pay my attorney thirty-three and 1/3 percent (33 1/3%) of the gross recovery obtained prior to the filing of a lawsuit, and forty percent (40%) of the gross recovery obtained after the filing of a lawsuit.
Gross recovery is defined as the “gross amount of money recovered” for or on behalf of the undersigned (which term shall include the fair market value of any property which may be recovered). Said fee shall be paid out of the money recovered at the time said money is received or said property is sold. Recovery is further defined as any offer of settlement made, whether actually collected, at any point in the litigation. This representation does not include any workmen’s compensation claim or loss of consortium unless indicated otherwise herein.
Client understands that this fee is not negotiable should recovery be made in this case. NO RECOVERY = NO ATTORNEY’S FEES. It is agreed and understood that this employment is upon a contingent fee basis, and if no recovery is made, the Client will not owe the Attorney any attorney’s fees. Case expenses incurred in the prosecution of these claims will be due and payable by the Client, upon recovery.
CASE EXPENSES
I understand that Sessions & Fleischman, LLC may advance legal and cases expenses, which will be deducted from any recovery. NO RECOVERY = NO CASE EXPENSES OWED BY CLIENT. Costs and/or case expenses may include, but are not limited to, the costs and expenses normally associated with the litigation or settlement of my claim, such as medical records/bills, medical narratives, investigative fees, service fees, witness fees, deposition costs, transcript costs, expert witness fees, copying costs, postage costs, travel expenses and long distance toll charges. At the end of the case, Sessions & Fleischman, LLC will provide an itemized list of expenses for the undersigned.
Rule 1.5 of the Georgia Rules of Professional Conduct governs the establishment of contingency fees in Georgia personal injury cases:
- The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.
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- A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated.
- Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the following:
- the outcome of the matter; and,
- if there is a recovery showing:
- the remittance to the client;
- the method of its determination;
- the amount of the attorney fee; and
- if the attorney’s fee is divided with another lawyer who is not a partner in or an associate of the lawyer’s firm or law office, the amount of fee received by each and the manner in which the division is determined.
- A lawyer shall not enter into an arrangement for, charge, or collect:
- any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu thereof; or
- a contingent fee for representing a defendant in a criminal case.
Contact Sessions & Fleischman Personal Injury Attorneys
Sessions & Fleischman is unique in developing personal injury cases based on complicated claims and taking the time to understand your personal and unique circumstances related to your accident. We will always have your best interests at heart and will be honest and upfront with you at all times. If you suffered significant harm at the hands of an employer, government entity, or individual, as a result of their recklessness or negligence, contact us today to ensure your legal rights remain protected.
