Legal Question in Real Estate Law in California

My case is on contingency fee.. what if my lawyer decide to withdraw on his own, is he entitled for fees and interest?


Asked on 9/09/14, 2:46 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Arguably not. "May an attorney accept a personal injury case on a contingent fee basis, determine that it is not worth his time to pursue the matter, instruct his client to look elsewhere for legal assistance, but hedge his bet by claiming a part of the recovery if a settlement is made or a judgment obtained through the efforts of a subsequent attorney? We answer this question with a resounding 'No.'" (Hensel v. Cohen (1984) 155 Cal.App.3d 563, 564.)

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Answered on 9/09/14, 2:50 pm
Terry A. Nelson Nelson & Lawless

If he decides to withdraw, it is only because he concludes that the case has insufficient value to make it worthwhile, OR you are a problem client. Either way, you should re-evaluate how and why you want to pursue it.

IF he has obtained a settlement offer, he is entitled to a 'lien' on your recovery if you fire him or he quits for cause. That means he is entitled to a share of any recovery you ultimately receive, if any. If no offer has been obtained, then he probably has no claim on settlement later.

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Answered on 9/09/14, 3:15 pm


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