QUESTION
Will I be able to change my Lawyer half way through?
Asked on Dec 03rd, 2013 on Slip and Fall - Florida
More details to this question:
I had a fall on fairgrounds and flea market property, there was a hole on the ground that I did not know it was there, and fell fracturing my angle and foot. I was 3days in the hospital, had an operation that reguired installing metal hardware on my foot. When through a lot of pain and depression, when through phisical therapy for about 3 months. Had to pay thousand of dollars on copayments, from hospital to doctors visits medication, umbulance service wheel chair rental, walker. Unbale to do activitys that I used to do, my foot stills swells up, can not walk for a lenth of time like I used to, and many more issues with this fall. This happen on 5/20/12. The last time my lawyer contacted me was about 2 month ago, and stated that the insurance co. was willing to settle for 25,000 gross. I was very upset becuase to me that was an insult after all I have been through, so I turn it down, but I have not hear from my lawyer ever since about 2 month ago.
2 ANSWERS
Personal Injury Attorney serving South Pasadena, FL
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The Law Offices of Charles D. Scott PLLC
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You can fire your lawyer any time you like. The lawyer does not own the case, you do. You can hire any lawyer you want at any time. With that said, here are some considerations for you. First, because your lawyer obtained an offer, he or she may be entitled to their 1/3 fee based on a $25,000 offer, even after you fire them and a new lawyer settles the case. Absent a claim for their 1/3 fee, your lawyer may have a claim for the time spent and costs paid on your case, and as such your old lawyer may get a significant fee and cost award even if you fire him or her. Third a new lawyer may be hesitant to take the case since your former lawyer will have a claim for fees and costs, making the case less valuable to the new lawyer. Fourth if a lawsuit has been filed, your old lawyer cannot simply quit representing you, and must obtain court permission to withdraw from the case. If a suit has been filed a new lawyer may be hesitant to take on the case that is already in litigation. With regard to the amount of settlement, $25,000 is not a bad offer for your type of injury. Cases of this nature can settle for more or less depending on the permanency of the injury, and how strong a case you have for liability. In your case liability may not be clear. You stepped in a hole, which may have been open and obvious and creates a risk if you refuse the offer and go to trial. In the event you don't win, you could end up owing the other attorney fees. Many times a low offer indicates that the insurance company believes they could win on liability at trial.
Answered on Dec 04th, 2013 at 10:33 AM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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Any accident victim has the right to hire whomever they want to represent them. While we urge potential clients in your situation to try to work out whatever your differences are with your current attorney, you do have the right to change your attorney at anytime. If you feel you are unable to resolve your issues with your current attorney, we certainly offer free no-obligation 2nd opinions on personal injury cases. We would be happy to discuss the particular facts of your case. You may contact us at 1-888-352-5298, if you decide to retain a new attorney.
Answered on Dec 03rd, 2013 at 3:09 PM