Hi, I have a personal injury lawsuit, that i am going to be filing shortly. I have two lawyers who are excellent and that i am very close w...

Question

Hi,

I have a personal injury lawsuit, that i am going to be filing shortly. I have two lawyers who are excellent and that i am very close with. I want them both to partipate in the lawsuit, and they would like to as well. Am i able to give them 33% each, if i consent to this? They have both helped me tremendously through the false allegations,malicious prosecution, self help eviction, negligence, harrassment, etc that my ex-landlords have put me through, and i want them to be able to have 33% each. Is this possible in NY and if not, is there anyway i can arrange them by consenting or giving permission etc?

Answer

Yes, there is no set % in NY, however, 66% does seem excessive, talk to both attorneys, they should be able to work it out.

Answer

My colleague has misspoken. Fees in the 2nd Department of New York (including Brooklyn) are governed by Section 691.20 of the NYCRR which has two fixed schedules for attorney fees in personal injury matters:

(2) The following is the schedule of reasonable fees referred to in paragraph (1) of this subdivision: either

SCHEDULE A

(i) 50 percent on the first $1000 of the sum recovered;

(ii) 40 percent on the next $2000 of the sum recovered;

(iii) 35 percent on the next $22,000 of the sum recovered; or

(iv) 25 percent on any amount over $25,000 of the sum recovered; or

SCHEDULE B

(v) A percentage not exceeding 33 1/3 percent of the sum recovered, if the initial contractual arrangement between the client and the attorney so provides, in which event the procedure hereinafter provided for making application for additional compensation because of extraordinary circumstances shall not apply.

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An attorney may make an application to the court for additional fees when the work performed has been deemed 'extraordinary' but generally, a personal injury attorney in New York City is governed by the above contingency limits. In my opinion, any lawyer who knowingly agrees to take 66 2/3 of a fee from a personal injury client (even with consent of the client) is asking to be sanctioned.