I have a great personal injury case and my attorney just quit after almost a year of work, I have 6 other attorneys who want the case and my x-attorney won't give me my file with out paying for his time . He quit does any one know if I really have to pay??????
2007-02-21 07:48:54 · 10 answers · asked by suzanne w 3 in Politics & Government ➔ Law & Ethics
You have a personal injury case which you describe as "a great p.i. case"...so the question remains unanswered as to why your x-attorney would quit. Attorneys don't usually 'quit' 'great' cases. Usually, personal injury cases are taken on contingency.Thus, the attorney does not collect until the case is settled. But it sounds as if your ex-attorney had you sign some kind of an retainer agreement which alowed him to charge you x amt of money for his time. Either way, the usual procedure is for your new attorney to contact your x-attorney and request the file. He/she then makes an agreement with the new attorney so as to protect whatever his fee is once the case is settled. Of course, laws are different from state to state. One of the "6 other attorneys" can certainly advise you better than non-lawyers such as you will find here. (No - I am not an attorney) but there are 2 attorneys in my family.) Sorry also, but most of these answerers do not know what they are talking about. Hire one of those "6" other attorneys and let him/her tell you what needs to be done.
2007-02-21 08:22:35 · answer #1 · answered by rare2findd 6 · 0⤊ 1⤋
If you have SIX other attorneys who want the case, why aren't you asking them about the legality of getting your file?
I know there is supposed to be some sort of provision about this. In some cases, a lawyer has to get permission from a judge to be excused from a case. In these instances, the judge probably sets some fair price for the lawyer's work, keeping in mind the inconvenience to the client, who then has to find other representation.
2007-02-21 08:01:38 · answer #2 · answered by pachl@sbcglobal.net 7 · 0⤊ 0⤋
The file contains the attorney's work product. That's really what you want, as the discovery provided is available from the other party, and any Court filing is available from your record's division. Bottom line, you gotta pay to get the benefit of the work that's been done on your behalf thus far.
2007-02-21 08:10:52 · answer #3 · answered by obamaforprez 2 · 0⤊ 0⤋
Of course you have to pay him. You just stated he worked on your case for almost a year. Pay him what you owe and get your file.
2007-02-21 07:58:24 · answer #4 · answered by Enchanted 7 · 0⤊ 0⤋
call your state bar association: two goals. 1) they may be able to refer you to someone else. 2) there may be an ethical violation involved here on the part of your attorney. Check with them so you are INFORMED and can make a plan of action based on knowledge. good luck
2016-03-29 05:58:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You will either have to pay or you or your new attorney will have to sign an agreement to pay him from the proceeds. The exact terms depend upon your state's laws and the original engagement or retainer agreement you signed.
2007-02-21 07:56:51 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes, you do have to pay. You might want to review your behavior with him/her. You may have been contacting him/her and expecting too much. Answers for these kinds of cases are not solid and they aren't provided in a time frame we prefer.
2007-02-21 07:58:24 · answer #7 · answered by Blue 6 · 0⤊ 0⤋
Yes, you have to pay him for the time that he has put into your case.
2007-02-21 07:56:03 · answer #8 · answered by FlyChicc420 5 · 1⤊ 0⤋
No wonder our insurance rates are soaring.....
If he quit it was for a valid reason......
Yes, you have to pay him for his time to roundup your files....lawyers charge by the hour.....
2007-02-21 09:44:37 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It's your information, you should be entitled to it. much like dental record files are yours to take when you switch dentists. They don't like it, but they can't charge you for your information.
2007-02-21 07:57:19 · answer #10 · answered by DJFresh 3 · 0⤊ 1⤋