windingmeup
Junior Member
What is the name of your state? California
I have posted several messages here over the last few year related to being misclassified as an exempt employee by my company. I found a lawyer about a year ago who was interested in the case and his firm will take on this case. It's taken a year to get the case ready to file. Read my posts from the last year to see the history.
I have a few questions about the retainer process. I am required to sign a "Professional Services Agreement" and "notice of consent" form.
Are these standard for these types of cases? I will be one of the principle plaintiff (my name will be on the lawsuit along with one other person). I am still employed by the company in questions but I have no fear of repercussions.
The lawyer will take 40% of the settlement. I was discouraged with this but feel like I don't have a choice. It will be better than what the company would offer if I took this to federal or state government and asked them to settle.
I took the first lawyer I contacted but was very impressed with their knowledge and dedication to this so I didn’t look elsewhere. In hindsight I should have put this out for bid and taken a good lawyer with a lower take. The % of take seems extreme. These folks are going to make a killing. This is an open and shut case as far I’m concerned and will involve a fairly large class (75-250).
I am going to ask my lawyer this question.
Is the 40% fee negotiable? Can something be set up so that if this is settled quickly the take could be lower (such as 20%), and if it ends up going all the way to trial then 40%. I understand the amount of work (and expenses) in a quick settlement versus a long drawn out trial
Is this the right approach to ask the lawyer? Can you recommend another approach.
Thanks in advance for your response......
I have posted several messages here over the last few year related to being misclassified as an exempt employee by my company. I found a lawyer about a year ago who was interested in the case and his firm will take on this case. It's taken a year to get the case ready to file. Read my posts from the last year to see the history.
I have a few questions about the retainer process. I am required to sign a "Professional Services Agreement" and "notice of consent" form.
Are these standard for these types of cases? I will be one of the principle plaintiff (my name will be on the lawsuit along with one other person). I am still employed by the company in questions but I have no fear of repercussions.The lawyer will take 40% of the settlement. I was discouraged with this but feel like I don't have a choice. It will be better than what the company would offer if I took this to federal or state government and asked them to settle.
I took the first lawyer I contacted but was very impressed with their knowledge and dedication to this so I didn’t look elsewhere. In hindsight I should have put this out for bid and taken a good lawyer with a lower take. The % of take seems extreme. These folks are going to make a killing. This is an open and shut case as far I’m concerned and will involve a fairly large class (75-250).
I am going to ask my lawyer this question.
Is the 40% fee negotiable? Can something be set up so that if this is settled quickly the take could be lower (such as 20%), and if it ends up going all the way to trial then 40%. I understand the amount of work (and expenses) in a quick settlement versus a long drawn out trial
Is this the right approach to ask the lawyer? Can you recommend another approach.
Thanks in advance for your response......