I got a new attorney, signed to authorize the change, but we never signed a new fee agreement. I have received my settlement and my new attorney wants my old agreement to carry over to him. Wasn't he supposed to explain this to me, and have me sign a specific agreement with him?
Simon, Eddins & Greenstone, LLP, (SEG Law) is one of the country's most prominent trial law firms specializing in representing victims of cancer caused from exposure to hazardous substances such as asbestos. The firm was built on a shared passion to diligently and compassionately serve each client through every step of the legal process.For more information visit us at SEGlaw.com
1 Answer from Attorneys
I assume that this was a contingency fee. Business and Professions Code section 6147 requires a written fee agreement with ANY attorney who is to receive a contingency fee. Failure of the lawyer to have a written agreement is voidable by the client, but the lawyer is still entitled to recover a reasonable fee in what is known as "quantum meruit." A fee agreement with another lawyer does not "carry" over to a new lawyer.