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  1. #1
    Gong Shooter
    Join Date
    Apr 2008
    Location
    Littleton
    Posts
    403

    Default Any good lawyers to help with a conflict of interest/fee dispute?!?

    Is there anyone out here that can help with a conflict of interest/fee dispute I am having with my attorney?

    A brief rundown: I was seriously injured in a auto accident at work. I hired the same firm for both the personal injury and worker's comp sides of the claim. Personal injury gets standard 33.33%. Work comp gets 20%.

    At fault driver's insurance agrees to pay full limits of their client - it gets set aside in a trust fund until settlement with work comp insurance company because they have a legitimate claim to it due to medical fees paid by them. Settlement time comes with the work comp insurance company. W/C side of the firm (only) represents me during the settlement conference despite the personal injury limits being discussed as an integral part of the settlement. The W/C insurance co would not settle without the PI limits being settled as well. W/C attorney lets me settle while splitting the limits 50/50 with the W/C insurance co. I was under the assumption I would only pay the 33.33% of the 50% I received. Instead they charged me 33.33% on the full 100% of the limits, paid the W/C insurance company the 50% out of my leftovers, then charged me ANOTHER 20% on the same amount (the 50% of the PI limit) the W/C insurance company then paid me as part of the settlement. I was never advised during the settlement conference that I would be charged 33.33 on the full policy limits and therefore would be just plain stupid to not ask for the full 100% of the PI limit and just have the W/C insurance co pay me that much less on the W/C side of it, so I'm not charged twice by the attorneys.

    Is this not a clear case of conflict of interest? Of course the W/C attorney would want me to get paid as much as possible, so he could get his 20%. I hire an attorney to represent MY best interests, not theirs. I also specifically hired attorneys for both W/C and PI from the same law office to avoid being charged twice on the same money.
    Last edited by VDW; 09-02-2015 at 12:36.

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