Usted no paga honorarios de abogado a menos que obtengamos una recuperación para usted. A continuación, le explicamos exactamente en qué consiste la estructura de honorarios, cómo se gestionan los gastos del caso y qué exigen las normas de Nueva York.
For personal injury, construction accident, and most negligence cases, our fee is one-third (33⅓%) of the recovery, calculated after deduction of case expenses. This is the standard contingency fee under 22 NYCRR §1215.1, which governs written retainer agreements in New York.
If we do not recover for you, we are not paid an attorney’s fee. There is no hourly billing, no flat fee, and no contingent risk passed to you on the legal-services side.
New York Judiciary Law §474-a sets a sliding-scale contingency fee specifically for medical, dental, and podiatric malpractice cases:
The sliding scale is a consumer protection — it caps total fees on high-value malpractice recoveries.
Filing fees, expert witness fees, deposition transcripts, medical-record retrieval, accident reconstruction, photography, mileage, certified copies — these are case expenses, separate from attorney’s fees. We advance them as the case develops. They are recovered from the gross settlement or judgment before the attorney’s fee is calculated.
If we do not recover, you are not personally responsible for the expenses we advanced. That risk stays with the firm. This arrangement is permitted by NY RPC 1.8(e)(1) and is the standard plaintiff’s-firm practice.
22 NYCRR §1215.1 requires that the fee arrangement be in writing, signed by the client, and that the writing identify the scope of representation, the basis of the fee, and the expense-handling practice. We provide the retainer, walk through it line by line with you, and answer any question before you sign. There is no fee for the consultation, ever, regardless of whether you ultimately retain us.
At the close of the case, we provide a written closing statement under 22 NYCRR §691.20 that itemizes the recovery, the attorney’s fee, every advanced expense, and the net amount paid to you.
22 NYCRR Part 137 establishes a fee dispute resolution program. If a client and lawyer disagree about a fee in a civil matter (excluding criminal and matrimonial), the client has the right to elect binding arbitration through the Joint Committee on Fee Disputes and Conciliation in the Appellate Division. We honor the process and provide notice of it in our retainer.
One-third (33⅓%) of the recovery, after deduction of case expenses. This is the standard NY contingency under 22 NYCRR §1215.1.
Medical malpractice uses a statutory sliding scale under Judiciary Law §474-a: 30% on the first $250K, 25% on the next $250K, 20% on the next $500K, 15% on the next $250K, and 10% on anything above $1.25M.
The firm. Expenses we advance are recoverable only from the recovery. If there is no recovery, you owe nothing — not attorney’s fees, not expenses.
No. The initial consultation is free regardless of whether you hire the firm.
Yes. New York requires a written closing statement under 22 NYCRR §691.20 itemizing the gross recovery, the attorney’s fee, every expense, and your net payment.
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