QUESTION
Can I fire a Personal Injury Attorney in OH?
Asked on Mar 07th, 2014 on Automobile Accidents - Ohio
More details to this question:
- I was in an auto accident, the other person cited. Under duress, with a traumatic brain injury, and PTSD, as well as many painful injuries I was unable to read and comprehend the contract but I signed it. It about 1.5 years ago a few months after the accident. I also provided her with medical documentation that she kept at her firm for 3-6 months about ~6-9 months ago. She is just getting around to moving forward with this and I told her my family wants to settle with the insurance companies as I did from the beginning and now she states that can't happen because I signed the contract. Can I fire the attorney, she would not answer emails, no one worked on my case, stated she was ill while I will never work again and asked for docs I already gave her, also unprofessional emails from her. I assume she can seeek compensation but wouldn't it be less that the 1/3 plus expenses which equates to less than 1/2 of one years of my salary - which would have been more once my PhD was done
1 ANSWER
You have the legal right to terminate your attorney at any time during the handling of your claim for any reason or no reason. However, you should have another attorney lined up before you do so, as your statute of limitations could be coming up, meaning that a lawsuit would have to be filed. If you case is already in litigation, then the court will have to approve your termination.
As to the fees, the attorney is entitled to reasonable compensation for the hours that he/she spent working on your file from the time it was opened until the time of termination. It is not based upon any contingent agreement you signed with him/her.
Best of luck to you.
Answered on Mar 13th, 2014 at 4:16 PM