Legal Question in Civil Litigation in South Carolina

auto accident

My son was in an accident on memorial day that was not his fault. We hired an attorney that does not charge unless we get paid. I have left many messages over the last 3 months and have not gotten a response. Is there a legal way I can have him surrender my sons file without owing him anything so we can hire another attorney?


Asked on 12/19/07, 6:55 am

2 Answers from Attorneys

John Jackson Law Office of John A. Jackson, P.C.

Re: auto accident

I suggest going to speak with another attorney or two. That attorney will contact your current attorney and find out if your current attorney feels he has a lien on the settlement. Additionally, ethically your current attorney can not keep your son's file.

If you need additional help give my office a call or an e-mail.

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Answered on 12/19/07, 9:43 am
Robert Johnston Law Offices of Robert J. Johnston

Re: auto accident

Under the rules you are allowed to switch lawyers. There are different ways to do it. What you have is called a contingency contract, that only calls for the attorney to recieve a portion of any settlement money collected, as "attorney fees." However, if you release him now he is entitled to be reimbursed for any expenses he has paid on the case. If suit has not been filed, and there have been no depositions or anything else of significance, then its doubtful he would have much in the way of expenses. Is your son over 18?

[email protected] Robert Johnston

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Answered on 12/19/07, 9:43 am


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