Lawyer Expenses in Settlements.
Why can you not get payment of the lawyer fees from the other party for the period after the judgment offer?
The civil law states that if you reject a judgment order, and the amount awarded by the court is smaller than the original judgment offer, the other party cannot be held responsible for additional lawyer fees. You should thus discuss the merits of your case with your solicitor and decide what the chances are of getting a larger amount than the judgment offer, before you reject the offer.
Responsibility for the other party's fees
Unless you have a poor case that is seen as a waste of time to pursuit, you will not be required to pay the other party's lawyer fees if you choose not to settle. Make sure that you get an experienced lawyer whose advice you can trust before you take legal action against your former employer.
How is the awarded amount distributed?
Lawyer fees are first deducted from the awarded amount and the amount that is left is called the gross award. All awards for employment lawsuits are taxed. The amount after tax is what you will receive.
How are lawyer fees calculated?
The lawyer fees depend on the written agreement between the client and his solicitor. There is normally a retainer agreement that stipulates how the fee is structured and when it is payable. You can either agree on an hourly rate or a percentage of the awarded amount. The lawyer is normally allowed to deduct his payment from the awarded amount. Examine the agreement before signing it and if you disagree or don't understand how the bill is calculated, you should ask your lawyer to explain the details. The lawyer gets his fees from the gross awarded amount in the case of contingency agreements.