QUESTION
Does my attorney who quit have any rights to a settlement check?
Asked on Oct 05th, 2015 on Personal Injury - Michigan
More details to this question:
My attorney filed a motion to be dismissed and it was granted. My husband and called the defense attorney and told them we would like to accept the offer of 6,000 dollars. He agreed but needed something written from our former attorney stating they were granted a dismal from our case and the check could be made out to us. Our attorney to the case on the condition they get paid if you get paid. But they quit how do they have any right to our settlement?
2 ANSWERS
Ronald A. Steinberg
What does the dismissal order say? He is certainly entitled to get his costs reimbursed.
Answered on Oct 09th, 2015 at 4:54 AM
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Gregory M. Janks, P.C.
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Typically the rights as between you and your attorney are spelled out in your initial Retainer Agreement. Usually the court will uphold any applicable terms of same. So you'd want to read it and see if it applies and know that it usually controls. It would be typical for your attorneys Agreement to say that he is entitled to be paid back any costs he expended in representing you and a fee based on the hours of work put in - but again, you need to read the Agreement to see what it says. Just because the attorney got off the case, doesn't mean he isn't entitled to any portion of the settlement; however, you can certainly ask the court/judge to rule on whether any requests the attorney makes for $ are reasonable and justified. Good luck.
Answered on Oct 09th, 2015 at 4:53 AM