Can you let your attorney go after hiring him and everything is settled? 16 Answers as of October 24, 2013

Hired an injury attorney, insurance will settle. No law suit. It's only been 6 weeks that we hired him. Can we let him go now?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes, but he is entitled to be paid for his time and effort, and to get the costs reimbursed.
Answer Applies to: Michigan
Replied: 10/24/2013
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Yes, but he will have an attorney's fee lien for what you agreed to, so you may as well let him finish.
Answer Applies to: Alabama
Replied: 10/22/2013
Johnson & Johnson Law Firm, PLLC | Richard Johnson
Well, yes, but you owe the fee that you agreed to pay him / her. You signed a fee contract. You will be bound by it. The lawyer may be willing to compromise the fee if he / she doesn't have much time in the case BUT sometimes it just takes the appearance of a lawyer to tip the balance in a case because the insurer has been low balling you. I'm saying that the lawyer is probably the reason the case will settle.
Answer Applies to: Washington
Replied: 10/22/2013
Belushin Law Firm, P.C.
Belushin Law Firm, P.C. | Vel Belushin
I think that would depend on the type of retainer agreement you signed with your attorney.
Answer Applies to: New York
Replied: 10/22/2013
John Russo | John Russo
Why? To try and bet the attorney out of their fee? That's not happening! So whats the reason? If you let counsel go they will file a lien on the case and get paid anyway. Nice try it won't work.
Answer Applies to: Rhode Island
Replied: 10/22/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can fire him anytime but you cant cheat him out of his fee. If the case is settled his fee is earned.what are you really trying to do other than cheat him out of a fee?
    Answer Applies to: North Carolina
    Replied: 10/22/2013
    Vasilaros Legal,LLC
    Vasilaros Legal,LLC | Steven T. Vasilaros
    Well, if you signed a contract and he has procured the settlement and you agree to it, you can but you will probably owe him his fees and costs.
    Answer Applies to: Florida
    Replied: 10/22/2013
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    There is no limitation on when you can dismiss your attorney, but your attorney probably has a claim for fees for the situation you mention. The fact that a lawsuit has not been filed does not determine whether your attorney is entitled to fees. If the attorney took the case, performed services, and now there is a settlement offer, then terminating your attorney is not going to do away with your responsibility to pay fees.
    Answer Applies to: Iowa
    Replied: 10/22/2013
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    You would still owe him for the work he did and the results he obtained. Is your complaint that he got you the results you wanted too quickly?
    Answer Applies to: Florida
    Replied: 10/22/2013
    Di Giacomo & Gruss | Christopher Di Giacomo
    Yes you can. You can fire your lawyer at anytime. Be aware that you may be liable for any fees uncured to date.
    Answer Applies to: Massachusetts
    Replied: 10/22/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    You can ALWAYS fire your attorney but that does NOT mean you can avoid paying him. The insurance company will NOT write a check without his name on it.
    Answer Applies to: Illinois
    Replied: 10/22/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    You can hire/fire a lawyer as you wish; however, in Michigan all personal injury attorneys must have a written contract with their client. The contract will control as to what entitlement the attorney has to a portion of the settlement, so you should read the contract to determine what you would owe the attorney from the settlement. If the contract is silent on this point (which is doubtful that it would be), then Michigan law will allow the attorney to be reimbursed for all costs advanced, as well as for a fee based on the work done, the settlement achieved, etc. So if what you are really saying is that you want to cut the attorney out of the picture by firing him, it is unlikely you can accomplish that. But if what you are saying is that you want to limit the attorneys fee from a contingent % of the settlement due to him not doing much work on the case, then you may be able to do that - but an easier way to do it vs. fighting the attorney in court, is to sit down and talk with the attorney and see if he will reduce his fee to be more commensurate with the amount of work he put into the matter. Of course, if you were unable to obtain a settlement on your own, without the help of the attorney, then the attorney will have a good argument for why his work was what got you the settlement and why his contract fee is reasonable based on the result achieved. Also understand the theory of a contingent fee is that the attorney takes the risk of not being paid for his work if there is no settlement and in the end things tend to balance out in that the attorney has some cases where they get no fee, or a very small fee based on the amount of work done, so there are some cases (maybe like yours) wherein the attorney gets a seemingly large fee based on the amount of work done, but all that really does is balances things out as to the "losers" he's worked on (I know that may not give you any solace, but it's how the law/judge will look at it).
    Answer Applies to: Michigan
    Replied: 10/22/2013
    Padove Law | Burton A. Padove
    Only of you pay him, since he did obtain a settlement for you.
    Answer Applies to: Indiana
    Replied: 10/22/2013
    Robert C. Slim - Attorney at Law
    Robert C. Slim - Attorney at Law | Robert C. Slim
    I don't quite understand your question. You hired an attorney, but has a settlement been reached yet?
    Answer Applies to: Texas
    Replied: 10/22/2013
    Criminal Defense & Civil Litigation, LLC | Michael C. Witt
    You can discharge your attorney at any time, but most fee contracts require payment for services rendered to date under whatever fee arrangement was agreed to. Most fee contracts further grant the attorney a lien on the proceeds, and the attorney has most likely notified the insurance company of that lien. Therefore, if your question is?can you keep the entire amount of the proposed settlement and not pay the attorney the fee contracted for, probably not. Read your fee agreement.
    Answer Applies to: Wisconsin
    Replied: 10/22/2013
    The Randal Hutson Law Firm, PLLC
    The Randal Hutson Law Firm, PLLC | Randal Hutson, Esq.
    Your lawyer is entitled to his or her fee.
    Answer Applies to: Arizona
    Replied: 10/22/2013
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