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I signed the release forms on my car accident case but the lawyer had no copies for me of what i signed am i at risk

Salem, MA |

since i didn't get copies of the papers we signed he said the were releases for me and my fam accepting the amount the other party offered for each one of us he met me at a McDonald to sign i didn't even get to read it if i signed something thats not what he told me it is can i refuse and ask him to destroy what ever he made me sign plus he was trying to have me give him 40% instead of 33% with the pity that the other lawyer he works with was taking half his money from this car accident case

Attorney Answers 4

Posted

You should always get copies of any document that you sign. So, first, call and get copies of everything that you have signed ASAP. If you signed a contingent fee agreement for 33%, that's what the attorney may collect, and the attorney is out of bounds to ask for more. This is a very standard rate - some attorneys charge more. The contingent fee agreement is heavily regulated in Massachusetts and elsewhere. Here is a summary: [Blue-Link-Below]

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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Posted

thanks i just left him a message i asked him for copies of what i did sign i asked him to give me copies when i sign the papers but he was rushing so didnt give me none and i didnt even get the chance to read what i sign he only told me they were the releases from the other insurance for me to agree on the amount we each got and that i would get my kids banck accounts for their checks to be deposited in im hoping thats all i signed for

Heather A Lottmann

Heather A Lottmann

Posted

Sometimes attorneys charge a higher fee if they have to file suit, which should be outlined in the fee agreement. Did he file suit or did it settle without the necessity of suit? If he filed suit, that could account for the 40% instead of 33%

Andrew Daniel Myers

Andrew Daniel Myers

Posted

Attorney Lottman's point is addressed in paragraph 5: "What Percentage" of the linked blog article "Contingent Fee Agreements". I often attach blog articles to my AVVO posts because they provide an opportunity for a more detailed response than just quick answers or comments. The other point is that I know there is a growing trend by some attorneys to meet clients in a coffee shop or other less formal venue. And, although I have done so on very rare occasions, this does not do justice to the confidential and formal nature of the attorney-client relationship. I am uncomfortable asking the detailed questions I must ask in order to fully discharge my duties to a client when someone at the next table is munching on a biscuit or playing angry birds. I like my electronic toys like my iPad, iPhone and other gizmos that let me take my work anywhere and everywhere as they did when I went out of the country a few weeks ago. However in the interest of professionalism, decorum and the serious nature of what we do, formal office appointments are best. Besides, I have copiers and can and do quickly and easily give my clients copies of documents in "real time".

Posted

I'm sorry that you signed up with a lawyer at the high fee of 40%. For example, my firm which serves PA & NJ only deducts a 29% fee with no costs deducted. In any event, have your attorney scan and email you a copy of the release.

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Posted

i called him left a message to email what i signed im just hoping he didnt have me sign anything i didnt want to sign for since he didnt give me the chance to read it he was rushing yesturday at the mcdonalds taking about they are charging me a dollar for every minute i take longer to pick up my kids from day care i did ask him for copies at that moment but with all the rushing he never gave me copies and i only agreed on the 33% eeven though he was trying to convince me on helping him out with a 40% because he had to give the other lawyer some money to im just glad this is over hopefully i know i could have gotten so much more but what ever

Posted

Ask fot a copy of what you signed. As for the fee, fo you have s written fee agreement? If so, he can onky charge what the agreement says.

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Posted

thanks i left him a message to please email me what he had me sign and the i agreed on a 33% he was just trying to convince me to give him the 40 i didnt agree on that

Jeffrey A. Young

Jeffrey A. Young

Posted

Make sure that uou get a complete accounting of where the settlement proceeds are going. Get this when you sign the settlement check. If the attorney has a Power of Attorney to deposit the check without your signature, get the accounting now.

Posted

Your entitled to a copy of the Releases you and your family signed. Request them. If your lawyer failed to copy them then he can get them from the insurance carrier. Your signed fee agreement should determine the fee you pay. 40% would be considered high and only really is charged when handling malpractice cases.

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