Question
If your attorney only gets paid percentage if he wins the LTD case, who receives the ERISA approved money for winning case?
My attorney will only be paid percentage if he wins. Since ERISA pays attorney fees, if the case is won will the client or attorney receive those fees?
Answer
Stephanie, the way our firm arranges our contracts, should our client be awarded fees and/or costs from the Court after prevailing at a lawsuit, any awarded fees or costs would be deducted from the fee percentage that we are owed. Thus, the awarded fees/costs would be a credit to the fees our client owes us. Thus, it would only be a good thing for our client to get fees/costs awarded by the court as it would mean more recovery in their pocket.
