I signed a retainer on contingency. It doesn't look like I'm going to need the services as insurance is cooperating fully. Can I "cancel" the retainer? The attorney has not done any work yet. What happens if I cancel it (if you answer yes to above) and then months from now insurance decides not to cooperate.. Does the old retainer come back into play? Thanks
If you have an attorney, how do you know the insurance company is cooperating, the insurance company shouldn't be speaking with you (or did you just hire the attorney in the last 2 weeks or so)? You can fire your attorney at any time; however, the fee agreement will determine the consequences. Many personal injury agreements will have a provision for payment of fees if the client goes behind the attorney's back and settles.
Odds are, if you fire this attorney, you wont be able to rehire this attorney...you would have to hire a different attorney.
Curious as to how many auto accident cases you have been involved in that makes you an expert in knowing what a good settlement is under the circumstances?
You can always fire your attorney - especially if litigation has not been initiated. If you do fire your attorney, you cannot simply go back to the original agreement - it's up to him if he wants you as a client anymore.
However, he is entitled to reimbursement for the work he has actually done - so you need to speak with him and see what you might owe him if you cancel the contract.
This is general advice only, nothing herein constitutes an attorney/client relationship.
You can fire any attorney at anytime. However, if there is a representation agreement, the attorney may have a claim to the proceeds of your settlement. You should speak with the attorney and see if you can negotiate your way out of representation. Once the representation ends, you probably will not be able to hire the attorney again (most attorneys are unwilling to accept a case twice . . . especially after being fired). Best of luck!
The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation.
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