Legal Question in Personal Injury in California

attorney's compensation

If after you were in an accident you hired an attorney based on the fact that he told you that you have to be a lawyer in order to negotiate your medical bills, then after very little work the insurance co offered every victim a settlement which you have not yet accepted, can you fire him paying him hourly for his work and then accept the settlement or would you still have to pay him 1/3


Asked on 1/31/07, 9:05 pm

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: attorney's compensation

You could try this, but he may not accept it. You need to understand that sometimes the insurance companies make a settlement offer based on the reputation of your attorney. Thus, if they know he has obtained very good results for other clients, they may have paid more quickly then they would have otherwise. This is one of the things you should think about before you hire an attorney.

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Answered on 2/07/07, 10:18 pm
Patrick Lanius Lanius & Associates

Re: attorney's compensation

It will depend mostly on the terms of your contract with him.

He might accept the proposition of quantum meruit [hourly comnpensation], but probably not as he will contend the amount offered in settlement is the result of his efforts and he is entitled to what you contracted with him for.

But then the threat of litigation is often a great motivator for compromise.

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Answered on 2/07/07, 7:01 pm


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