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HOW CAN I FIRE MY PERSONAL INJURY ATTY & SETTLE MY CLAIM ON MY OWN WITH HE INS CO SO SETTLEMENT CHECK IS SENT TO ME ?

Antioch, CA |

sOFT TISSUE INJURY. NO COMMUNICATION FROM ATTY OR ASST. NO RETURN PHONE CALLS FOR 2 WEEKS SUDDENLY I GET A OFFER TO SETTLE IN THE MAIL FROM ATTY. AFTER DR BILLS AND ATTY FEE I WILL GET $2032. I COULD HAVE MANAGED MY OWN SETTLEMENT FOR THAT AMOUNT AND WOULD HAVE IF THE CHIRO DIDNT TELL ME TO CALL THIS ATTY. I HAVE NOT BEEN INJURED IN ACCIDENT BEFORE AND WAS A LITTLE LOST AS WHAT TO DO...I WAS EXPECTING TO GET AT LEAST AS MUCH CASH SETTLEMENT AS THE DAMAGE TO MY VEHICLE AND THEN HAVE DR BILLS PD IN ADDITION. MY STTLEMENT WAS FOR 9500 I AM HAPPY WITH THAT BUT NOT PAYING DR BILLS OUT OF IT TOO. I WOULDN'T NEED A DR IF NO ACCIDENT. PLUS MY CAR HAS NOT BEEN SAME AND I STILL GET BACK ACHES. WHAT ABOUT SOME FUTURE CHIRO MONEY INCLUDED IN THE SETTLEMENT? MY ATTY REFUSES TO ASK FOR MORE.

Attorney Answers 5


  1. Schedule an appointment and meet face to face with your lawyer. Your lawyer is entitled to a fee. Try to work things out. Another lawyer is an option, but probably not a realistic one.


  2. You can fire your attorney by having him/her sign a Substitution of Attorney form making you the plaintiff in pro per.

    However, if you fire your attorney, the attorney would most likely still have a lien on any recovery you might receive in a settlement. Take a look at your retainer agreement. Therefore, firing your attorney might not solve your problem.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  3. I would agree with Mr. Adams that it may not be easy to find a new attorney at this point. Your current attorney will have a lien or claim for the value of the services he has rendered. After the medical bills have been paid and the first attorney has been compensated, there won't be much left for the new attorney and you even if your new attorney were able to achieve a larger settlement. The best course for you likely is to work things out with your current attorney. Good luck.

    This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.


  4. I agree with my colleagues. Your best course of action at this point is to have an in-person meeting with your attorney. While you are free to fire your attorney, he is entitled to compensation for services-rendered. If you add a second attorney, it sounds like you will not get any of the settlement for yourself.

    Jamahl C. Kersey (619) 399-3662 is an Immigration, Criminal Defense and Personal Injury attorney licensed in CA. The answer above is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Jamahl C. Kersey KERSEY & SABAWI 5703 Oberlin Drive Suite 201 San Diego, CA 92121 Tel: 619.399.3662 Fax: 888.765.5894 jamahl@kerseysabawi.com www.kerseysabawi.com


  5. You can send a letter to your attorney informing him that you are termianting your relationship, and send a copy of the letter to the insurance company. You can then start negotiating with the insurance company yourself. However, even if the insurance company sends you the check, they will have to put the attorneys name on the check too, unless he/she does not place a lien. However, I would not recommend taking an insurance company on yourself, unless you have legal training. Good luck

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