A properly attached lien is enforceable in most states and your new attorney will discharge it from the final settlement/judgement.
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He won't have to sue. He'll just notify the at-fault party's insurance company of his lien, and they won't give you a dime unless you take care of it. So you will have to authorize your new lawyer to pay him in order to get paid on your claim.
Be careful on this lien--make sure you discuss the ramifications of this with your current attorney--good luck.
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He doesn't have a lien unless the contract you signed with him says so, using the proper language. Your current attorney can look into that for you. If the lien claim is proper, your current attorney will have to honor it and probably will insist on paying the first attorney out of any recovery you obtain.
Why not offer him something fair for his time and effort and avoid delaying getting your settlement? He'll likely accept something less than the $500, even though he's likely earned that amount, he's legally entitled to it, and you agreed to pay him a fee. Do the right thing.
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If you are on a contingency fee with your new lawyer, then out of his attorneys fees the first attorney's fee should be subtracted, not from your portion. If you're new attorney thinks that he is Lena is unreasonable, then let your attorney argue it. However, this would not apply to any reasonable costs your first attorney incurred that are actually verified as being out-of-pocket costs. If he only had the case for two days, chances are that number would be next to nothing.
Good luck. And don't forget to be patient during the time your case is going to be litigated. Insurance companies are infamous for dragging things out. Cases cannot be resolved overnight if you're looking for fairness. Sometimes they have to marinate a bit to ensure you get top dollar. Hang in there and let your attorney do his/her job.
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