Legal Question in Legal Ethics in California

Lawyers fees for Auto accident

A friend of mine was in an auto accident last July by a hit and run driver who was later caught and arrested. a few more cars were involved.

She retained an attorney for her injuries. He first recieved a check for medical through her auto insurance which was made out to herself and attorney. Which they split in the usual 33 1/3.

Now her insurance has totaled her car and sent a check in her name to the attorney. When she went to pick it up he made her sign it over to him and he took 1/3 of this check. To my knowledge this should have been all hers to keep since it was for the car through her insurance company. Apparently after the fact he had her sign some sort of contingency paperwork.. This seems to be to be unlawful.

Please advise as she is a single mother of 5 and really can't afford to be taken advantage of. She is unable to deal with this on her own as her life has been pure hell since the accident. Lose of work, car etc. Please advise as to what to do. If I am correct I think she should find another attorney ASAP,

We live in the Los Angeles, CA area


Asked on 1/27/05, 4:16 pm

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

Re: Lawyers fees for Auto accident

Read the fee agreement. It may allow it, though most attorneys do not charge for it.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

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CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

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Answered on 1/28/05, 8:49 am


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