I have a retainer agreement with a lawyer for a personal injury case. The agreement is no payment due until a settlement or verdict in my favor. The agreement lays out the payment terms, but it doesn't say anything in regards to my ending the agreement.
I'm at the point where settlements have not been moving the way I would like. I don't feel like my lawyer is right for this any longer. Can I get new council? What would be my responsibility to my lawyer? How might my changing lawyers at this point effect my case? Thank you for any information.
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Can I replace my lawyer?":
Mar (New York, NY):
It is our policy here at InjuryClaimCoach.com not to interfere with the attorney-client relationship. To do so would be entirely inappropriate. Your best interest will be served by heeding the advice and counsel of your attorney.
Generally speaking, personal injury clients should first and foremost read the contracts they signed with their attorney. Within the contract will be a clause similar to the one below.
<>"If Client decides to terminate the services of attorney after attorney has provided substantial legal services, Client must pay attorney a sum equal to the probable fee..."
This clause is tantamount to a lien on any settlement a client may receive after retaining another attorney. If a client decides to retain another attorney, it is likely both attorney's fees will be deducted before the client receives your net settlement amount.
While we don't have access to the contract you signed, it is quite likely you have the right to consult with another attorney about your case. However if you decide to retain the other attorney, be prepared for the lien.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.