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Can I fire my lawyer before the workers comp settlement?

Nanticoke, PA |

My lawyer already agreed on the settlement without my approval. He told me that the insurance company will take care of my past medical bills. My lawyer argue that it is within the range of settlement for herniated disc(With MRI, X-ray, 2 doctor findings to back up my claim and IME) . I am not receiving any workers comp. I was denied that is why I hire a lawyer to fight for me. I told him that I am 49 yrs old and a degree holder.
That the amount offered, I can earned it in less than 3 months if I am not injured. I told my lawyer that with my present injury, I can perform work that I can do before my injury. The settlement is only $50T take it or leave it as per insurance company. He insist I accept it.
Can I fire him? what are the fees? I need advice Thank you very much.

Attorney Answers 3


Of course you can. Whether or not they get a fee will ultimately depend on whether or not you win you claim, if you get a new lawyer and what the Judge decides (since they approve fees). Before you go down this route, have a heart to heart with your lawyer and then think about it for 24 hours before doing anything. If you decide to fire your attorney, you will then need to find a new lawyer or represent yourself (which I don't recommend). Keep in mind that you can always reject the offer and continue to pursue your claim with your current lawyer ...

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You are certainly entitled to fire your lawyer, but you should think about the decision carefully. Your lawyer cannot accept the settlement without you. You should discuss your concerns with the lawyer and go over the reasons why he is recommending that you accept the settlement. If you decide to reject the offer, and he does not want to continue to represent you, then you can seek another attorney. If he will continue to represent you, then he will have every interest in making sure that your claim is successful.

If you choose to fire him at this point, he may continue to be entitled to a fee based on the value of the work which he has done to this point, but that fee must be approved by a judge. This area of the law is very complicated, and would be an issue to discuss with your new lawyer. You should definitely not try to go this alone.

This article might help you make a decision about whether to settle:

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Generally, you may terminate a fee agreement with an attorney, but depending on the language of the agreement, you could be liable for costs of litigation. Also, when you terminate a fee agreement after an offer has been made, your attorney may have a claim to future attorney fees that your second attorney would have to share with the first.

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