QUESTION
Can you file a legal MP case on a former atty that dropped your case 2 mths before SoL ran out and put a lien on your award earned by a diff firm
Asked on Feb 23rd, 2017 on Legal Malpractice - Utah
More details to this question:
My son was involved in an automobile accident. DUI case. The other driver was at fault. We hired an attorney and sought medical treatment. The provider told us he would not continue treatment unless we went with a different firm. We terminated our services, and went with the referred firm. 3 years and 10 months later the current attorney/firm dropped our case stating we bugged his office too much. only after filing a cap on the award my son should have received. Two months before statute of limitations ran out we found a firm who would represent us. approximately 1 1/2 years later we reached a settlement. The firm that dropped us placed a lien on the award claiming we had expenses that needed reimbursed. 1. Had we not found a firm to represent us, the firm that dropped us would have never collected anything, so why are they trying to now, 2. Because they dropped our case and decided not to represent us, Can they now claim expenses?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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I am sorry to hear about your problems, but I glad that you found a firm to help you settle the matter.
On what little proof you have provided, I am not in a position to address whether there was malpractice. I'd have to review all of the related documents (their retainer agreement, their billing statements, their records and yours concerning communications, and their termination documents).
As to their lien, and their financial claims, you may have options to attempt to defeat that lien. Again, I need to review the retainer agreement, their billing statements and the like.
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
Answered on Feb 24th, 2017 at 7:48 AM