"Active Trial Preparation"


In my contract with my attorney, it states he gets “x” percent of my settlement outside of Court or “y” percent of my settlement “once active trial preparation begins.” I have, in hand, a fair settlement offer. I believe I am willing to accept it and now my attorney is saying he has begun active trial preparation and as such is entitled to “y” percent of my settlement.

As far as I know we don’t even have a Court date. How can I prove/disprove “active trial preparation” has begun?All advice is appreciated.


It depends on what the contract says in defining active trial preparation.


The contract only says, “y” if “suit is instituted and once active trial preparation begins.”

That’s all is says…


It would be a question of fact. You may wish to contact the State Bar for help.