Legal Question in Personal Injury in Georgia

I have a contract with an attorney for representation for an accident case. They refuse to go back to the company involved to counter offer. They also submitted a counter that was not discussed with me prior and per our agreement they must have my approval first. They want me to send them a request to terminate but then they want to put a lein on me for a percentage of the claim based on the incorrect amount that they submitted for settlement. I consider that they are in breach of the contract signed. What are my rights?


Asked on 8/07/12, 7:55 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You can get a consultation with another lawyer. You certainly do not have an issue that will be decided by posting on the internet to people who know nothing about your case.

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Answered on 8/07/12, 7:59 am
Ronald Arthur Lowry Ronald Arthur Lowry

You always have the right to fire an attorney just like anyone else (a plumber, a dentist, etc.) when you are dissatisfied. However the attorney has the right to be compensated for working on your case. That is typically calculated using an hourly rate but it can sometimes be figured based on applying the contingent fee percentage in the fee contract to the amount offered to you by the other side, not the amount the attorney counter-offered. The attorney places a "lien" on the file for that amount and gets paid out of the proceeds of the final settlement. This sounds like miscommunication. Perhaps it would be better if you try to talk with the attorney and resolve this short of parting with him/her. It may be hard for you to find another lawyer to take the case if it appears that you had a dispute with your previous lawyer.

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Answered on 8/07/12, 8:12 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You do have a right to fire a lawyer and replace him, and the lawyer likely will have a claim against your settlement based on work he already has done. You will find that many lawyers will reject a case where you have fired a previous lawyer, so start by talking it out with your present lawyer.

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Answered on 8/07/12, 8:28 am


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