Nevada Uber driver on attorney contingency fees: ‘the current system works better for lawyers than for drivers’

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Gary Heslin of Heslin Law Firm | heslinlawfirm.com

Emilee Rodgers, a Nevada-based Uber driver, has expressed her dissatisfaction with the current legal system, stating that it "works better for lawyers" than it does for rideshare drivers who are injured on the job. According to Rodgers, attorneys often take "huge chunks" of settlement or damages awards. She made these comments in a press release dated March 18, concerning a Nevada ballot initiative that proposes to limit attorney contingency fees.

"If a driver is hurt on the job they should get the help they need and not be forced to hand over huge chunks of what they win to lawyers," said Rodgers. "At the end of the day, the current system works better for lawyers than for drivers. We need reforms that protect the people actually doing the work."

The political action committee known as Nevadans for Fair Recovery has filed this ballot initiative. The proposal aims to cap attorney contingency fees at 20% in an effort to safeguard plaintiffs’ judgements, as per the press release.

The proposed initiative would modify Title 1, Chapter 7 of the Nevada Revised Statutes by adding a section that reads: "For causes of action arising after January 1, 2027, an attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in a civil case in excess of twenty percent of the amount of recovery," according to the initiative. This 20% cap would apply to "all forms of recovery, including, without limitation, settlement, arbitration and judgment."

In Nevada's current legal landscape, attorneys typically charge contingency fees between 30% and 40%. This means that lawyers take between 30-40% of any money awarded to their clients in lawsuits. This information comes from De Castroverde Law Group.

Gary Heslin from Heslin Law Group explains that some accident victims find themselves surprised when they receive less settlement money than expected. He says some attorneys claim their contingency fee from the gross settlement which results in clients having to pay their medical bills and other expenses out of their portion of the settlement. As an example, he mentioned an elderly woman who settled her case for $75,000 but only received $1,210.69 after deductions. Her attorney took $30,000 from the settlement, and her legal fees and medical bills amounted to over $40,000.

Rodgers began driving for Uber in 2021, as reported by KTNV. She was working for the U.S. Postal Service at the time and needed additional income due to increasing costs of rent, gas, and other necessities. The extra income has helped support her and her new grandson.

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