You can change attorneys at any time, but you should be aware that the settlements are usually based on the amount of insurance the responsible/negligent party has. Then the attorneys' fees, costs and medical liens are deducted from the total amount of the settlement. If you discharge your attorney at this point, he will still have a lien for the time he spent and the costs of litigation which he incurred. That will come out of any settlement you achieve in the future with a new attorney. For example, if you are in an accident which is the fault of someone else and you lose a leg, clearly this is worth many hundreds of thousands of dollars. However, if the negligent driver only has $50,000 in insurance and no assets you can attach, (i.e. no available bank accounts or property other than his home) you can obtain a huge judgment against him but he will have only $50,000 to pay for your injury and medical costs. If there are final agreement papers in front of you, that would indicate to me that at some point you agreed to the amount of the settlement. If you did, the defendant's attorneys could file a motion in court to enforce the settlement at that amount. Your dispute is with your attorney and if you feel he or she misrepresented to you, then you have to file a complaint against him. Sounds like for some reason you believed that the entire $60,000 was going to go to you and that the attorney fees and costs were not going to be deducted from that. First thing I would do is review the retainer agreement you signed and it usually spells out exactly what will be deducted from a final settlement. If you signed the retainer agreement, you will be held to understand it. However, a case cannot be settled without your permission. If you didn't agree to it, your recourse is with your attorney.
Answered on Sep 26th, 2012 at 2:53 PM