I sued a multi billion dollar company for 'breach of contract' more than six years ago, and I have finally won a jury verdict for a considerable sum ( their 'appeal' is about to be thrown out ). My attorney made some incomprehensible errors, and we had to settle for substantially less.
What is the procedure for making a claim against my attorney's share of the proceeds so that I can negotiate with him, or have arbitration, and still get my agreed upon share released to me from his escrow account at settlement?
I don't want to sue him for malpractice or anything else, because I don't want to go through another law suit. I will negotiate fairly with him, and give up a fair share to him, but I can't afford to have my share held up while I challenge him.
I am in Los Angeles, but the trial and judgment are in Illinois.
2 Answers from Attorneys
If your attorney has committed an error (which of course you will have to be able to prove first--but assuming you can) then you have claim for malpractice. If you do not want to file a claim and proceed with it, your only choices seems to comply with your agreement with your attorney and distribute the funds according to what you have agreed to.
Under the contract, your attorney is entitled to his share.
I agree with the above post, However, if as you state:
"My attorney made some incomprehensible errors, and we had to settle for substantially less."
Then you may want to pursue them for malpractice and recoup any lost monies that way.