We are shareholders in a development where there are serious corruption and misconduct by the builder and other shareholders. We do not have the finance to fight this case using advocates and have turned to the state to help. We have asked our lawyer and advocate to pursue this case for a share in the settlement. They have asked us to come back with a proposal?What is a fair percentage and what are the crucial facts to consider?

I'm not sure what you think the state will do. Unless you can show that criminal fraud was committed, this will remain a civil, rather than a criminal matter (so I moved it from the criminal law forum). If there was criminal conduct, then the state may prosecute. But that still leaves you with a civil case for restitution.

Generally an attorney who takes a case on spec for a share of the award takes a 33-50% share.

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Originally Posted by goggeloksie

... What is a fair percentage and what are the crucial facts to consider?

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The percentage should depend upon such factors as:

• the likelihood of success;
• the complexity of the case (how much time and effort);
• etc.

There is definitely proof of criminal fraud. A unit from our development was exchange for a piece of land. No monies have changed hands and the developer constructed another development of 24 units on the acquired piece of land... The state (police and special crimes unit) is currently busy with their investigation. There is also huge misconduct from the major bank involved... The standard guidelines for the drawing of monies from the building loan were not followed and they can give proof of some of the monies drawn..

Sorry, they can not give proof for monies drawn!