THIS CASE IS ABOUT AN AUTO ACCIDENT. MY CURRENT LAWYER IS OFFERING ME PENNY,S ON THE DOLLAR FOR MY ACCIEDENT. I,AM NOT SATISFIED WITH THIS SO WHAT CAN I DO . PLEASE HELP ME.. P.S. CAN I GET ANOTHER LAWYER WITHOUT GETTING RIPPED OFF.
2007-08-26 06:37:18 · 7 answers · asked by miguel b 1 in Politics & Government ➔ Law & Ethics
If there is a retainer agreement, and I suspect there is, you can fire him and get another lawyer, but he is still entitled to a pro rata share of fees collected based upon the amount of work he did. Often, another lawyer will not touch that case because of the reduced fee to them. Your current lawyer is not "offering" you anything. He or she is probably taking the share agreed upon, plus out of pocket costs. If you feel the amount is too high, you could go to the BAR association, but I do not believe they handle fee disputes, and if your attorney has a valid Retainer that is not drastically outside the normal fee agreement, you are going to lose. If you get another attorney, your total fees cannot exceed the fees you agreed to with the first one.
Another issue is if the case is still in litigation, a judge may not allow your attorney to leave the case over a potential fee issue.
2007-08-26 07:05:11 · answer #1 · answered by Toodeemo 7 · 0⤊ 0⤋
1. Your lawyer is not the one making the offer he is relating it to you.
2. You can decline the offer, if this is the first offer, decline, the fact that an offer was put on the table means that you have a case against them and their lawyers know it.
3. Make your wishes known to your lawyer he is working for you the more you get the more he gets, make this very clear to him, if he treats you and talks to you like he is superior because you need his services do get rid of him and file a suit against him for misrepresentation.
4. Document document document. Every date you had contact with your lawyer, every time he says he has done this or that document it because it will be on the bill you receive from him.
It doesn't sound like you trust this lawyer, I would switch, you have to have trust in your lawyer that he is looking out for your best interest and that he isn't ready to take the first offer just to be rid of you because he may have been offered a bonus from your adversaries if you accept, document, investigate don't let him do all the work.
2007-08-26 06:55:07 · answer #2 · answered by Neptune2bsure 6 · 0⤊ 0⤋
Yes, you have the absolute right to hire a new lawyer. And, if you have expressed disatisfaction with your present lawyer, you really have no choice. You present lawyer will do whetever it takes to protect himself from a malpractice suit from you. The new lawyer will handle the old lawyer regarding any fees due. You won't end up paying double fees.
2007-08-26 06:43:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You probably signed an engagement agreement that gives the lawyer a percentage of the recovery, regardless of whether you used him to get that recovery. Tell your lawyer that you are not satisfied with his proposed settlement and that he can either bring the case to trial or voluntarily release you from his claim on your recovery.
2007-08-26 06:43:22 · answer #4 · answered by mattapan26 7 · 1⤊ 0⤋
You are entitled to a "Second Opinion" on just about anything. If your current attorney isn't pursuing the case to your liking, you should be able to hire another. Check with your state Bar Association. They can't give legal advice but they can steer you in the right direction.
2007-08-26 06:52:37 · answer #5 · answered by nanaofrhianna2001 4 · 1⤊ 0⤋
You can fire you attorney anytime before you settle your claim. Just tell him I don''t like you as Attorney and I'm finding a new Attorney , "You are fired.
2007-08-26 06:51:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You hired him, you can fire him. You should have known his commision up front. Usually its about 33%
2007-08-26 06:41:14 · answer #7 · answered by LEO53 6 · 1⤊ 0⤋