QUESTION
Will I owe contingency fees to my attorney if I decide to stop my personal injury case?
Asked on Mar 01st, 2011 on Personal Injury - Arizona
More details to this question:
If I have a contingency plan with an attorney and I decided before the deposition that I no longer want to pursue this case, do I owe the attorney any fees?
11 ANSWERS
Workers Compensation Attorney serving West Palm Beach, FL
1 Award
No you will not.
Answered on Mar 03rd, 2011 at 2:22 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Not if you want to drop it entirely. If you dismiss your lawyer, and then decide to continue it on your own, you will owe him fees. Read your contract with the lawyer and see if it says otherwise.
Answered on Mar 03rd, 2011 at 2:10 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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That depends on what the contingency fee agreement says. In most cases, the fee agreement says that if you terminate representation, the attorney will paid for the reasonable value of his services up until the date of termination of representation, or 1/3 of any settlement offers that the other side has made. Clearly, if you terminate the lawyer and pursue the action on your own, or with another attorney, he is entitled to be paid. Terminating the case may not be the same as terminating representation. It could be considered the same as if lost the case, in which case the attorney would be entitled to nothing. If I were the attorney, and the case is one where inability is clear, and it is just a question of the amount of damage, I might argue that terminating the case is the same as terminating representation. Also, even if the attorney is not entitled to a fee, the attorney has incurred some costs (unless you paid costs) including the filing fee and the cost of depositions. The attorney would probably be entitled to have his costs returned.
Answered on Mar 03rd, 2011 at 2:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you have a contingent fee written contract, probably not. But you must read your contract. Some contracts say if you terminate the deal the lawyer is entitled to be paid for his time. Not all do, so read your contract. If you don't have a copy ask the lawyer to send you one. He will. He must.
Answered on Mar 03rd, 2011 at 1:59 PM
Contracts & Agreements Attorney serving Chantilly, VA
Partner at
Raheen Law Group, P.C.
It depends what your agreement says.
Answered on Mar 03rd, 2011 at 1:59 PM
Personal Injury Attorney serving Omaha, NE
Partner at
Chandler Conway, P.C., L.L.O.
It depends on the fee agreement; typically no, however you are likely responsible for costs that have been incurred. The attorney can also place an attorney's lien on your claim should you decide to hire another lawyer or pursue the action on your own.
Answered on Mar 03rd, 2011 at 1:49 PM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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This is a fairly complex question and based on both the contract you signed and the Rules of Professional Conduct in the state where you entered into the contract, as well as applicable case law.
Read through the contract you signed when you hired the attorney. It will have a provision in it that speaks to terminating the agreement. In most cases (and this may not be yours), if a client fires the attorney, the attorney can make a claim for the time put in on the case, and any costs the attorney has advanced on the client's behalf.
I would highly suggest having a meeting with your attorney about what your concerns are to see if there is something that can be done to address them.
Answered on Mar 03rd, 2011 at 1:44 PM
Lee Ciccarelli
Thank you for your inquiry. I suggest you review the terms of your written contingency fee. The fee may have provisions that require you to reimburse your attorney for litigation costs or it may have a separation agreement that makes you responsible for the quantum meruit or value of his services. This latter provision is often invoked by an attorney who has worked on the case, only to lose the case to another attorney. Contact me if you would like to discuss this matter in greater detail.
Answered on Mar 03rd, 2011 at 1:43 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You would have to read the fee agreement you should have signed before he or she started the case. Usually the client has the right to terminate the case at any time. You cannot settle around the attorney though. If you are seriously thinking about dropping the case before your deposition, you should discuss that fact with your attorney. He can probably continue the deposition and could then see if he can obtain any settlement, no matter how small, as something is better than nothing. Also, if you just dismiss your case, you leave yourself (and the attorney) open to a lawsuit for malicious prosecution, and you also allow the other side to file a cost bill, which becomes a judgment against you. The cost bill would include their filing fees, deposition costs, subpoena and witness fees, etc. Moreover, if there is a statute involved that allows for attorneys fees, they could make a motion to have an award of fees in their favor. So you would NEVER just want to dismiss a case without at least getting a waiver of costs and fees (if applicable) from the other side.
Answered on Mar 03rd, 2011 at 1:41 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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I guess it depends on why you want to stop. If you are just quitting, that is different than if you are trying to settle directly with the defendant or insurer. There is always the issue of costs expended to date as well. Contact me if you would like to discuss.
Answered on Mar 03rd, 2011 at 1:40 PM
It depends on the contract you signed. If the contract provides that you will owe money upon termination of the law firm, the law firm will simply notify your new attorney of their lien and when your new attorney settles the claim he/she will contact your previous law firm and resolve the lien prior to disbursing funds to you.
Answered on Mar 03rd, 2011 at 1:39 PM