QUESTION

Can I fire my attorney and pursue the case on my own in an insurance claim?

Asked on Aug 27th, 2013 on Personal Injury - California
More details to this question:
I got into a car accident. I hired an attorney to represent me to file a claim on the defendant's insurance. The accident happened 1.5 years ago, and the lawyer DID NOT contact me AT ALL for, firstly, 3 months, and then 6 months. I found that she is irresponsible. However, I have signed the fee agreement, which I later on; I found out that it was ridiculously high. In this situation, I have talked to some professional, and they told me that I could actually purse this case on my own. If that is case, how much I have to pay in order to fire this irresponsible lawyer?
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9 ANSWERS

Worker's Compensation Attorney serving Encino, CA at Law Offie of Sabzevar, F. Michael
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Yes, you can do that at any time. You do not have to pay him any thing at this time, but he will have a lien on the eventual settlement of your case.
Answered on Sep 04th, 2013 at 2:37 PM

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You can fire the attorney immediately and either handle the case on your own or find a new attorney. The fired attorney will probably send a notice of a lien on the file for her fees. You can either negotiate that amount, or go to the state bar for help.
Answered on Sep 04th, 2013 at 2:36 PM

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You can always fire your lawyer, for any reason or no reason, but if the contract that you signed included an attorney's lien provision, and the lawyer notified the insurance company of the lien's existence, the insurance company?may not be willing to deal with you without a release of that lien from the attorney. If they do, and the lien is later enforced, they?may be required to compensate the lawyer on top of whatever they pay you to settle out the case. You don't say why it is that you expected more contact from this lawyer than you received. If you were still actively treating for your injuries, until your treatment concluded and your doctors pronounced you healed, I'm not sure what it is that you expected your attorney to contact you about. Unless your calls were going unreturned or your letters unanswered, delay such as you describe in an injury case is not abnormal. The generally applicable statute of limitations in WI is three years, and without knowing when you recovered from your injuries, or what you expected from your lawyer that you weren't getting, ?it is impossible to say whether the fee agreement in question is enforceable, or not. The time to read a contract is before you sign it, not afterward. Insurance adjusters literally?bank on impatient people settling out early. Their duty is to their shareholders or members, not you, and it is their job to pay you as little as possible. You would be well advised to schedule an office conference with the attorney to address your concerns before striking out on your own. Cold calling a busy lawyer is a recipe for frustration. Contact her office, and schedule an office or telephone conference at a mutually convenient date and time.
Answered on Sep 04th, 2013 at 2:36 PM

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Thomas Edward Gates
Your fee agreement will define what you will have to pay her at her hourly rate. Make sure that her hours are substantiated by phone records, filings, and other tangible items. If you reach an impasse, you can file a Bar complaint.
Answered on Sep 04th, 2013 at 2:36 PM

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Long Term Disability Attorney serving Pensacola, FL at Ortiz Law Firm
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The terms that apply after termination should be set forth in your Attorney Fee Agreement. Review your contract and it should spell it out for you. You do also have the right to consult with another attorney. We have taken over representation in numerous claims where our clients were dissatisfied with their previous attorney.
Answered on Sep 04th, 2013 at 2:36 PM

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Ronald A. Steinberg
You can do whatever you want. But if you try to do it in your own, you will probably screw it up.
Answered on Sep 04th, 2013 at 2:36 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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You may hire/fire your lawyer any time you want. You need to be careful about firing a lawyer if there are any critical dates/deadlines upcoming shortly. The contract/agreement you signed with your lawyer will likely spell out what you may owe the lawyer if you fire them, it is usually that they can be paid back/have a lien on any recovery for costs they've already paid out and as to their fee, it is usually a quantum meruit fee that is based on the work performed, how long it took them to perform it and their reasonable hourly rate. As to whether you can represent yourself, of course the law allows you to do so, but are you qualified to do so? Do you have the time? Do you have the working knowledge of the Court Rules so you can properly file pleadings, do discovery, etc.? Do you know the Rules of Evidence so you can try your case if it doesn't settle? If the other side truly wants to settle, and for fair value (how will you know what fair value is if you haven't handled hundreds of similar cases?), then you certainly can agree to a settlement without a lawyer representing you, but if they don't want to settle, then you need to be able to keep the case moving forward and meet all deadlines, collect all evidence, etc.
Answered on Sep 04th, 2013 at 2:36 PM

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You have the right to fire the lawyer whenever he is not doing a good job. In fact, even if he is doing a great job, you could still fire him. You are the boss. The lawyer works for you. The lawyer is entitled to get paid a reasonable amount for his time at the end of the case. The lawyer has a lien that protects his fee. Normally, you should not be representing yourself. Would you do surgery on yourself? Of course not.
Answered on Sep 04th, 2013 at 2:36 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I suspect your atty has a different view. You seem a little careless with your description of things I doubt you know what you say you know but suffice to say you can fire your atty at any time in NC and handle the case yourself. Why don't you read your contract and see what if anything you owe your atty if you fire her. Does she know you are saying ugly things about her or is this just a hip shot in the dark?
Answered on Sep 04th, 2013 at 2:36 PM

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