I'm not quite sure what you are asking? If you are asking if you can "sell" your case to your lawyer, I believe the answer would be no. Generally the real party in interest must bring a case. Further the lawyer should be working for your/the Estate's best interests and it is unlikely that the lawyer would be doing so, or arguably wouldn't be doing so, by purchasing the case (for the lawyer's incentive would be to give you less than the value of the case, or the lawyer wouldn't make any money if he/she paid you full value and then was only collecting the same full value back from the defendant). Further, there seem to be several actual and potential conflicts of interest that would run afoul of the Michigan Rules of Professional Conduct. Further, why would a lawyer want to "buy" your case as there is rarely any guarantee of a recovery in a personal injury/wrongful death case, and certainly no guarantee of the amount to be recovered? If it is you proposing this, I'd guess the lawyer would decline. If the lawyer is proposing this, I'd suggest hiring an independent lawyer to give you legal advice on whether this is even proper, and if so, whether it is in your/the Estate's best interests.
Answered on Jul 16th, 2013 at 10:12 PM