"Active Trial Preparation"


#1

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.


#2

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


#3

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

That’s all is says…


#4

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