In December of 2012 I signed a legal and binding contract of representation for a Asbestos Personal Injury case as a client. Since that time, one family member and I have dissolved our relationship forever. The family member says she is coming after me. Today in the mail I received a new contract for representation, it all read the same, except they added a new paragraph that reads: THIS AGREEMENT SUPERSEDES ALLL PRIOR OR WRITTEN AGREEMENTS CONCERNING THE SAME SUBJECT MATTER NO ORAL REPRESENTATIONS ARE PART OF THIS CONTACT AND PAROL EVIDENCE IS SPECIFICALLY EXCLUDED. WE UNDERSTAND AND AGREE THAT THIS WRITTEN CONTACT WITH ATTACHEMENTS-and there are no attchments to sign, CONTAINS THE ENTIRE AGREEMENT BETWEEN THE UNDERSIGNED LAW FIRM AND THAT THE TERMS ARE CONTRACTUAL, AND NOT MERELY RECITAL
Up Date!!!! Yesterday I received a New Contract in the mail to sign, It seemed like it was the same contract word for word, until it came to attorney fee's. Then it said in the new contract that we had apparently have the right to negotiate the fee's, but when signing the contract, it had the same attorney fee's as the other contract. So I found out only today, after talking to a different lawyer I hired, that I never was given an opportunity to ask for different fee's not even in the new contract. As of today they went from 40% to 33% thanks to all of your advise and a attorney I could talk to about this. I am no lawyer, but If I didn't ask, they I would of settled for the other terms.
Just guessing but if this agreement supersedes all others, there are likely to be some other changes. Otherwise there would be no need for it. Understand your original contract is binding unless you sign this one. You should discuss all of this with the attorney. It might also be worth your money to have a contracts lawyer review and explain the entire contract before you decide whether to sign it.
Car / Auto Accident Lawyer
Discuss this with your attorney. It looks like the attorney is trying to get new agreements signed for some reason. Likely a conflict of interest.
Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
Lawsuit / Dispute Attorney
How wrongful death, your asbestos personal injury, your family member, and this contract issue are related is extremely confusing. Discuss with your attorney or consult a new attorney for help.
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A lawyer can be fired at any time notwithstanding a contract.
The paragraph basically means the written contract is the complete and final agreement despite any oral communications that took place prior whether it added to or contradicted the terms on the contract.
Not a legal advise nor it creates an attorney-client relationship.