Legal Question in Personal Injury in California

Can I terminate a retaner contract with a personal injury lawyer working on contingency, before a settelment i reached.


Asked on 12/28/11, 3:01 pm

3 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Yes but most likely your attorney will put a lien on your case for the value of the services they rendered to you. Most contingency retainers have a clause allowing for your attorney to collect their ordinary hourly rate for the time they worked on the case if you terminate them before the case is settled or they get a judgement for you.

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Answered on 12/28/11, 3:21 pm
David Lupoff Law Offices of David B. Lupoff

Of course you can attempt to circumvent paying attorney fees for his/her hard work by firing him/her. However, he/she will be entitled to recover his/her fees based upon the amount of work he/she placed into getting you your settlement. In addition, (probably in your agreement between you and your attorney) he/she will most likely recover all the costs as well. And finally, you might be stuck paying all the doctors.

Good luck.

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Answered on 12/28/11, 5:34 pm
Joel Selik www.SelikLaw.com

Yes though your new attorney and old attorney will have to devide the attorney fees.

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Answered on 12/29/11, 12:01 pm


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