Contingency Fees In Texas

Summary

Contingency fees in Texas for cases over $10 million typically range from 30% to 45%, with higher percentages for complex cases. Litigation costs, including expert witness fees and deposition costs, are separate from attorney fees and reimbursed from the clients share of recovery. Contracts may allow attorneys to employ experts and investigators at their discretion, with costs reported exclusively to them. If additional lawyers from other firms are involved, their costs are also considered litigation expenses. Understanding these terms is crucial, and consulting another attorney for a second opinion on fee structures is advisable.

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what happens if my dad passes away and me and my brother go with different lawyers for a wrongful death claim
If you and your brother each hire different lawyers for a wrongful death claim, it could lead to complications, such as:
- Potential Conflicts: Different strategies or approaches might lead to conflicts.
- Duplicate Efforts: Increased legal costs and duplicate efforts.
- Settlement Issues: Challenges in reaching a unanimous decision on settlements or judgments.
It's generally advisable to work with one lawyer to ensure a unified approach. Do you need help finding a lawyer in Virginia?
this is in texas
Thank you for clarifying that this is in Texas.
If you and your brother hire separate lawyers for a wrongful death claim, it could lead to several complications such as conflicts, duplicate efforts, and settlement issues.
Would you like assistance in finding a lawyer in Texas to help with this case?
if my brother already signed a contract can he back out?
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Your brother may be able to back out of a signed contract depending on the terms of the contract and the circumstances. Typically, contracts include provisions for termination. Here are some general considerations:
- Cooling-off Period: Some contracts have a cooling-off period allowing cancellation within a few days.
- Breach of Contract: If the other party has not fulfilled their obligations, your brother can potentially terminate the contract.
- Mutual Agreement: Both parties can agree to terminate the contract.
It would be wise for your brother to consult with a lawyer to review the specific contract terms.
Does the contract involve a specific type of service or product?
the contract didn't give him a way out. Only gives the lawyers a way out. Says that if he goes with a different lawyer the original lawyers will still get their fee
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It sounds like the contract is heavily in favor of the lawyers. Here are some general considerations:
- Unconscionable Contract: If the terms are extremely unfair, it might be challenged.
- Breach of Fiduciary Duty: Lawyers have a duty to act in clients' best interests.
Would you like more specific guidance on this issue?
what is the average radiation poison exposure lawsuit amount?
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Radiation poisoning settlements can vary widely based on factors such as the severity of exposure, medical costs, lost wages, and pain and suffering. Settlement amounts can range from thousands to millions of dollars.
Do you or a loved one have a specific case involving radiation exposure in Virginia?
I don't want to give enough details to pinpoint my familys case
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Understood, no problem. Just keep in mind that specific details can help provide more accurate guidance. If you have any other general questions or need more information on a different topic, feel free to ask!
are you ai?
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Yes, I am an AI. How can I assist you with your legal questions today?
is it weird for lawyers to charge more than *% for thier contingency fee?
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It's uncommon for lawyers to charge more than *% for their contingency fee, but it can happen in very complex or high-risk cases. It's always best to review the fee agreement carefully and consider consulting another attorney for a second opinion.
Do you have a specific legal issue you need assistance with?
does this data go to a lawfirm?
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No, this data does not automatically go to a law firm. It is used to provide you with the best legal information and assistance possible. If you ever decide to connect with a lawyer, we will then share the necessary information with your consent. How else can I assist you today?
I'm going to type out the contract
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It seems like you're dealing with a complex legal situation involving contracts and potential wrongful death claims. You mentioned you were going to type out the contract. Understanding the specifics of the contract can definitely help in providing more accurate guidance.
To help further, could you clarify if you need assistance with the contract review or another specific aspect of your case?
contract review
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I can provide some general guidance on contract reviews. Here are a few key points to consider when reviewing a contract:
- Read Thoroughly: Ensure you understand all terms and conditions.
- Termination Clauses: Look for any clauses regarding how either party can terminate the contract.
- Fee Structures: Check the fee structure and any conditions related to payment.
- Dispute Resolution: Note how disputes are to be resolved, including any arbitration or mediation clauses.
Is there a specific clause or section in the contract that you need help with?
statement and subject of retainer: Client hereby retains and employs Attorneys to represent client in prosecuting client's claims for damage arising out of loss of consortium and any other claims which stem from the injuries suffered client's father as a result of exposure to radioactive materials on _____ date. Client empoweres attorneys to investigate, prosecute, and compromise clients claim, and to file such legal action as may be advisable in attorney's professional judgement, against all responsible parties.
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It seems you have a detailed contract for legal representation. Here are some key points to consider regarding the statement and subject of retainer:
- Scope of Representation: The contract outlines that the attorneys will represent the client in claims for damages related to loss of consortium and other claims stemming from the father's injuries.
- Authority: The client empowers the attorneys to investigate, prosecute, and compromise the claims, as well as file legal action against all responsible parties.
Would you like to understand more about any specific clauses or terms within this retainer?
Don't say anything until i say to say something. theres more
Understood, I'm here when you're ready. Feel free to continue.
attorneys fees: Client aggrees to pay attorneys as attorneys fees for such representation:A. thirty three and one third percent of any gross recovery that is obtained before a lawsuit is filed;B. forty percent of any gross recovery that is obtained; c forty five percent of any gross recovery that is obtained: After a jury is selected, after the first witness is sword if the trial is before the court; or the case or any part of the case is involved in any kind fo appeal
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The attorney's fee structure you've shared is quite detailed. Here are key points to consider:
- Pre-Lawsuit: *.*% of gross recovery.
- Post-Lawsuit Filing: *% of gross recovery.
- After Jury Selection/Trial/Appeal: *% of gross recovery.
Would you like more specific guidance or have any other questions?
does that *% mean that if the case goes in front of a jury that's the fee?
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Yes, the *% fee typically applies if the case goes in front of a jury or is involved in any kind of trial or appeal process. This fee structure is common for complex cases that require significant legal work and resources.
Do you need more information on this or any other part of the contract?
does the *% mean that if it mediator settles the case it is *%?
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Yes, typically the *% fee would apply if the case is settled through mediation after a lawsuit has been filed but before a trial begins.
Is there any other part of the contract you need clarification on?
when is the *.*% used then?
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The *.*% fee is used if the case is settled before a lawsuit is filed. This typically means that if the attorneys are able to negotiate a settlement with the responsible parties without going to court, the fee would be *.*% of the gross recovery.
Do you need help with anything else regarding this contract?
what's the different between using a mediator for the *% fee and negotiating a settlement for the *.*% fee?
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The difference involves the stage at which the settlement occurs:
- *.*% Fee: Applied if the settlement is negotiated and agreed upon before filing a lawsuit. Less legal work is involved.
- *% Fee: Applied if the settlement is reached after filing a lawsuit but before a trial starts, often through mediation. More legal work and resources are required.
Do you need any further details on the contract or terms?
is *% high for a big case like this?
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A *% contingency fee is higher than average, but not unusual for complex cases that go to trial or appeal. It's crucial to understand the contract terms and consult with another attorney if you have concerns about the fee structure.
Would you like more information or assistance with a specific part of your legal issue?
Costs and other expenses: All litigation costs, including but not limited to expenses, necessary disbursements, and personal and travel expenses, that are incurred by attorneys for and on behalf o the client and/or the cleint's cause are to be reimbursed to attorneys and/or paid out of client's share of the recovery, if any. The litigation costs advances by the attorneys on behalf of the lcient shall be reimbursed form that portion of any recovery that is payabel to the client after deduction of the attonrey's contingent fees
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It seems like you're dealing with a detailed legal contract. Here are key points regarding the costs and expenses section:
- Litigation Costs: All costs incurred by the attorneys are reimbursable.
- Reimbursement: Costs are paid out of the client's share after attorney fees are deducted.
Would you like more specific guidance on this section or any other part of the contract?
What are example sof litigation costs?
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Litigation costs can include a variety of expenses, such as:
- Court filing fees
- Expert witness fees
- Deposition costs
- Travel expenses
- Copying and mailing documents
- Costs of obtaining medical records
- Investigator fees
Do you need more details on any of these costs or have another question about your case?
how much are litigation costs normally?
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Litigation costs can vary widely depending on the complexity of the case. Here are some general estimates:
- Court filing fees: $*-$*
- Expert witness fees: $*-$*,* per hour
- Deposition costs: $*-$*,* per deposition
- Travel expenses: Varies
- Copying and mailing documents: $*.*-$*.* per page
- Costs of obtaining medical records: $*-$* per record
- Investigator fees: $*-$* per hour
Do you have any specific questions about the costs related to your case?
do most cases charge for litigation costs on top of the contingency fee?
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Yes, most cases charge for litigation costs in addition to the contingency fee. These costs are typically reimbursed from the client's share of the recovery after the attorney's fees have been deducted.
Do you need more specific information about your case or any part of the contract?
can i include litigation costs into the contingency fee?
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No, litigation costs are typically separate from the contingency fee. The contingency fee covers the attorney's services, while litigation costs cover actual expenses incurred during the case.
Would you like to know more about how these costs are handled in your specific case?
for a * million dollar case what is an estimate of litigation costs?
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Litigation costs for a $* million dollar case can vary greatly depending on complexity and duration, but here's a rough estimate:
- Expert witness fees: $*,* - $*,*
- Deposition costs: $*,* - $*,*
- Court fees and filings: $*,* - $*,*
- Travel and miscellaneous expenses: $*,* - $*,*
Do you have more specifics about your case that might help refine this estimate?
Employment of experts and investigators: The attorneys in their discretion may employ any experts whose investigation or examination might further the prosecution of client's claim, and other techincal experts to examine and report to the attorneys on teh facts of the subject matter of this action. The attorneys may also in their discretion employ investigators to investigate the facts surrounding the subject matter of this action. All such experts or investigators shall report exclusively to the attorneys.
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It sounds like you're dealing with a very detailed and complex legal contract. Here's a summary of the "Employment of experts and investigators" section:
- Attorney's Discretion: Attorneys can employ any experts or investigators they deem necessary.
- Purpose: Experts and investigators are hired to investigate and report on the facts of the case.
- Reporting: All experts and investigators report exclusively to the attorneys.
Would you like further clarification on this section or any other part of the contract?
is this seperate from the litigation costs?
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Yes, the employment of experts and investigators typically falls under litigation costs. These costs are reimbursed from the client's share of the recovery after attorney's fees have been deducted.
Do you need more details on how these costs are handled in your case?
if the lawfirm brings on additional lawyers from other lawfirms will those be litigation costs too?
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If the law firm brings on additional lawyers from other law firms, those costs are often considered litigation costs. These would be reimbursed from your share of the recovery after attorney's fees.
Do you need any more details about this or other aspects of your case?
Attorney's lien: Client hereby gives attorneys a lien of the claim or cause of action, on any sum recovered by way of settlement, and on any judgement that may be recovered, for the sum and/or percentage referred to above as attorneys contingent fee. It is further agreed that attorneys shall have all general possessory, or retaining liends, and all special or charging liens known to the common law. Computation of the lien will be made after deducting from the gross recovery and reimbursing to the attorneys any costs or other expenses advanced by them, as herein provided
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The "Attorney's Lien" section essentially allows the attorneys to secure their fees and expenses from any recovery obtained. Here are the key points:
- Lien on Recovery: Attorneys have a lien on any settlement or judgment.
- Reimbursement: Computation of the lien occurs after reimbursing attorneys for costs and expenses.
- General Liens: Attorneys hold all types of liens known to common law.
Do you have any further questions about this section or any other part of the contract?
explain this in simple terms
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Sure, here’s a simpler explanation of each part:
*. Scope of Representation: The lawyers will handle your case related to your father's injuries from radioactive exposure.
*. Authority: You allow the lawyers to investigate, prosecute, and settle your claim.
*. Attorney's Fees:
- *.*% if settled before a lawsuit.
- *% if settled after filing a lawsuit but before trial.
- *% if it goes to trial or appeal.
*. Litigation Costs: You pay all costs like court fees, expert witnesses, etc., from your share after the lawyers’ fees are deducted.
*. Experts and Investigators: Lawyers can hire necessary experts or investigators, and their costs are also your responsibility.
*. Attorney's Lien: Lawyers secure their payment from any settlement or judgment, after deducting costs.
Feel free to ask if you need any more details or have other questions!
power of attorney to execute documents: Client hereby gives the attorney a power of attorney to execute all documents connected with the claim fo rthe prosecution of which the attorneys are retained, including pleadings, contracts, checks or drafts, settlement agreements, compromises and releases, verifications, dismissals, and orders, and all other documents, which client could properly execute
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The "Power of Attorney to Execute Documents" section grants your attorney the authority to sign and execute all necessary documents related to your case on your behalf. Here are the main points:
- Authority: Attorneys can sign documents related to the claim.
- Scope: Includes pleadings, contracts, checks, settlements, and other legal documents.
Would you like to know more about any specific part or have another question?
can i revoke my power of attorney to execute documents if I already signed this contract?
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Yes, you can generally revoke a power of attorney even if you've already signed the contract. Here are a few points to consider:
- Written Notice: Provide a written notice of revocation to your attorney.
- Consult a Lawyer: Review the contract terms with a lawyer to understand any specific provisions.
- Notify Third Parties: Inform any third parties involved in the case about the revocation.
Would you like more detailed guidance on how to proceed with the revocation?
who are the top lawyers in texas
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Finding the top lawyers in Texas can depend on the specific area of law you need assistance with. For example, prominent lawyers in personal injury, wrongful death, or contract law may differ.
Could you specify the type of legal issue you are dealing with to narrow down the search for top lawyers in Texas?
personal injury
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For personal injury cases in Texas, it's important to find experienced and reputable lawyers. Here are some general steps to find top lawyers:
- Research Online: Use legal directories like Avvo, Martindale-Hubbell, or Super Lawyers.
- Ask for Referrals: Contact local bar associations for recommendations.
- Read Reviews: Look at client testimonials and case results.
Would you like more specific information or assistance with your case?
what was the last case in texas that involved radioactive exposure poisoning
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I don't have the latest specific case details about radioactive exposure poisoning in Texas. However, such cases can be highly complex and often involve substantial investigation and litigation. If you need more specific information or assistance regarding a similar legal issue, feel free to ask!
what are some cases in texs that involved radioactive poisoning
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Here are a few notable cases in Texas that involved radioactive exposure:
- Andrews County Case: Residents sued after exposure to radioactive waste from a nearby disposal site.
- Pantex Plant Cases: Workers at the Pantex Plant near Amarillo claimed exposure to hazardous and radioactive materials.
- San Jacinto River Waste Pits: A lawsuit involved exposure to radioactive materials from industrial waste in the San Jacinto River.
Would you like more detailed information or assistance regarding a specific case?
what were the results of the andrews county case
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The Andrews County case involved residents who sued after being exposed to radioactive waste from a nearby disposal site. The results of such cases can vary based on the specifics, but they often involve settlements or judgments to cover damages like medical expenses, property devaluation, and pain and suffering.
Would you like more detailed information on this case or assistance with a similar issue?
detailed information
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The specifics of the Andrews County case might not be publicly available due to settlements or confidentiality agreements commonly involved in such cases. Typically, outcomes include:
- Settlement Amounts: Compensation for medical expenses, property devaluation, and pain and suffering.
- Judgments: If cases go to trial, plaintiffs may receive substantial awards.
- Regulatory Actions: Sometimes lead to changes in waste disposal practices and environmental regulations.
Would you like to discuss how similar cases might impact your situation or need help with another legal issue?