QUESTION
If I signed a document with a personal injury attorney and he passes my case to a different attorney, does the 2nd attorney honor that first document
Asked on Jul 08th, 2013 on Automobile Accidents - Colorado
More details to this question:
So I settled a trucking case a few weeks ago after mediation. At beginning of my case I hired an attorney and signed all the forms for him to represent me. As time went on he passed my case off to a attorney who is a trucking specialists. With the second attorney I never signed any forms with human stating what his contingency fee would be if we settled before trial or after trial. The documents with my first attorney state the fee will be 33% unless we file suit, go to mediation or go to trial, the fee would be 40% then. The whole time in mediation with my second attorney we were negotiating thinking my fee would be only 33%. After we settled my attorney sent me the forms to sign off on the amount I would receive from the settlement after everything is paid and he was charging me 40%, which resulted in $20000 less then what I was told I would get. Again I never signed a form with him, but he said he had to honor the form I originally signed with the first attorney, after he sais 33%
1 ANSWER
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The document you describe is a contingency fee agreement. Any Colorado case handled by a lawyer as a contingency fee case must have a written fee agreement between the client and lawyer. If co-counsel is hired, then the client must sign a new agreement which includes the details as to how the new lawyer will be compensated. It appears that your first lawyer may have neglected to have you sign a new fee agreement which would provide for the co-counsel. You should not accept any of the proceeds from the settlement until this issue is resolved, and given the information you provide it is not your responsibility to compensate the co-counsel. Your first lawyer will have to pay for the co-counsel out of his/her share of the settlement unless there is a second agreement which you signed with the co-counsel. I strongly recommend that you speak with a lawyer who handles legal malpractice claims.
Answered on Jul 08th, 2013 at 5:33 PM