I was involved in a car accident and not at fault. My personal injury lawyer was suspended. What happens if I changed lawyer?
9 attorney answers
You can search Avvo's "find a lawyer" for a new lawyer. A good lawyer should be able to get your bills negotiated down to 5-10 cents on the dollar. Find a lawyer with a low contingency fee, less than 30% with no costs deducted, so you get the lion’s share of the settlement, not your lawyer.
Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
A new attorney will take care of all of this mess for you, just make sure you get a good one that you are comfortable with and stays in contact with you.
licensed attorney in Montana. Your specific state laws may be different.
While I agree that an attorney who has been suspended SHOULDN'T have a lien on a file, the attorney may still do so. If you decide to switch attorneys, make sure the fee agreement accounts for any potential attorney lien. Typically, the new attorney will deduct the lien amount from the total fees. However, if there is a lien for 1/3 of $15K, it doesnt make for a very attractive case for a new attorney. If you have any questions, feel free to call.
If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com
Since your attorney has been suspended, he is no longer able to practice law and cannot represent you. You have a right to terminate your contract with him at any time. Since the termination of the contract is because he is suspended, he should not be entitled to any quantum meruit recovery for work done on the file. However, your initial attorney will be entitled to repayment of any costs he has advanced on your behalf in prosecuting your claim.
Contact your attorney's office in writing and demand a full and complete copy of the entire file, including photos etc.. Take your file to another attorney and see if you can find new representation. Make sure you review any new contract with a new attorney and make sure that any claims of fees etc. from your original attorney will be handled out of your new attorney's fee, not that you end up paying for 2 attorney fees. As I said, your original attorney will probably not be able to claim any compensation for his time. (Your new attorney should research this issue if he is not sure.)
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
If your attorney has been suspended in most states they will not be entitled to any fees or costs.
You should immediately consult with a local personal injury attorney who can give you more details, including the potential for going after the full $15,000.00. You might also carry underinsured motorist protection on your own policy which could add to that figure.
Since your attorney has been suspended it isn't likely that he will have a lien. Also, you have the right to have whomever you want represent you. I would take a look at the agreement you signed with the current attorney as well. If you no longer want his representation, send him a certified letter stating just that. Good luck.
Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue.
I agree with Ross (and I would actually suggest you call him!). You are entitled to switch attorneys, especially if your attorney is suspended. I cannot imagine a case where he would file a lien. Secondly, part of his role should be to help negotiate your medical liens down so that you have something left over after the settlement.
* Please note that I am a Personal Injury and Medical Malpractice Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury or Medical Malpractice case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or [email protected] If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!
You have every right to change lawyers. It is doubtful that he would lien the file at this point especially given his suspension.
The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.
Changing lawyers mid-stream
The quality of the working attorney-client relationship is vital to the success of the case. Clients and lawyers who work well together dramatically increase the likelihood of obtaining a favorable result. Conversely, lawyers and clients who display all the symptoms of a dysfunctional relationship tend to take it out on the case. Changing lawyers mid-stream-putting aside the increased cost and stress which often accompany such a change-tends to transmit a clear signal to the opposing side that "problems exist." While these problems may have absolutely nothing to do with the underlying case, the opposing side may misinterpret the cause of the break-up and conclude that the case is in trouble, leading to lower settlement offers. In short, attempts to salvage the attorney-client relationship are well worth the effort.
It is the absolute right of any client to dismiss their attorney at any time
It is a fact of life that Personal Injury lawsuits, as a general rule, require years, rather than months, to reach a conclusion. This is a product of both the nature of a personal injury lawsuit–which requires investigation and “discovery”– and crowded court calendars. This situation also leads to the increased chance that a client will become dissatisfied, in some manner or for some reason, with some aspect of his or her attorney’s performance. It is the absolute right of any client to dismiss their attorney at any time. It is also the right of that client to choose another attorney and to replace the dismissed attorney with another attorney. In legal parlance this is known as “SUBSTITUTION OF ATTORNEYS.” No grounds need be stated–though any responsible attorney to be “substituted” will want to know the reason he is being asked to replace the original attorney.
What happens if you change lawyers?
What happens if you change lawyers? The choice of a lawyer in a personal injury or wrongful death case is an important and, hopefully, once-in-a-lifetime matter. However thoughtfully the choice is made, there are times when the need can arise for a change. Massachusetts law provides that clients have a right to change lawyers. However, when there’s a contingent fee agreement involved, a change of lawyers requires consideration of fee issues. The rule is that the discharged lawyer or firm is entitled to be paid the reasonable value of their services and out-of-pocket expenses while representing the personal injury or wrongful death client on a contingent fee agreement. However, since there has been no award or settlement at the time of the lawyer switch, the discharged lawyer or firm is not entitled to be paid until and unless the new lawyer obtains and collects a verdict or settlement
Choosing the right attorney can be a daunting process
Choosing the right attorney can be a daunting process. There are a lot of attorneys that will be eager to help you. However, not all of them will give you the time and attention that you deserve and need. The decision of which attorney to select is yours to make. Do not agree to hire an attorney if you do not feel comfortable with him or her at the initial consultation. Additionally, just because you meet with an attorney about your case, does not mean that you must hire that attorney. Be sure that the attorney that you hire handles the type of matter you need help with. There are some attorneys out there that are willing to “dabble” and help anyone with anything. Our advice to you is to choose an attorney that you trust. Not every personal injury matter resolves quickly. Therefore, you might be working with this attorney for a significant period of time.
Find a new attorney
Once you make the decision to go forward and find a new attorney, you should beg
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Sign up to receive a 3-part series of useful information and advice about personal injury law.