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If an attorney fee agreement makes no mention of a claim on recovery in the event the atty withdraws, can he still make a claim?

Austin, TX |

In Texas

Attorney Answers 1


Considerably more information is required to answer this question. You need to have another attorney review the fee agreements and see what it actually addresses. You may have assigned the first attorney and undivided interest in the claim that is not extinguished if he withdraws.

This answer does not constitute legal advice or create an attorney-client relationship.

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The agreement states if they withdraw I owe the attorneys no fee other than the minimum non refundable retainer fee. Would that extinguish an interest in the claim?

Howard R. King

Howard R. King


I would say that if the agreement contains that language and they have received the non-refundable retainer, they are not entitled to an fee on a recovery after they withdraw. However, there is also usually a distinction made for expenses the attorney advanced to prosecute the claim, and these may still be recoverable, if they actually did advance expenses. It is very difficult to be more specific without seeing the complete fee agreement contract and understanding the circumstance related to the withdrawal. If you have another attorney who is actually getting the settlement fro you, he should be able to answer these questions. If not, you may want to pay for a couple of hours of an attorney's time to meet with you, review the fee agreement and go over all the facts. Howard R. King P.O. Box 5379 Kingwood, TX 77325 Office:(713) 826-3649 Cell: (713) 826-3649 Fax: (713) 904-2456 This email including any attached files, may contain confidential and privileged information from the Howard R. King, Attorney at Law for the sole use of the intended recipient(s). Do not forward to anyone without the sender's permission. Doing so may waive the confidential and privileged nature of this communication. Any review, use, distribution, or disclosure by others is strictly prohibited. If you are not the intended recipient(or authorized to receive information for the recipient), please contact the sender by reply email and delete all copies of this message.