Legal Question in Personal Injury in Michigan

Contingency Agreement

While my mother was in a Nursing home for rehab on a ''trip and fall'' injury, her Family Law Attorney pursued her case without any written contingency agreement. Naturally, the case was dismissed due to his inexperience in these cases, he is now attempting to collect money for his expenses. This is one of three matters his firm has improperly represented my 85 year old mother, along with conflict of interest. Besides the monatary loss this has caused my mother a lot of undue grief.

Is this illegal and should I report this taking advantage of the elderly?


Asked on 7/10/06, 8:34 pm

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Contingency Agreement

I am not sure why you classify the attorney as a "Family Law Attorney." Many attorneys practice law in more than one area quite effectively and it is perfectly legitimate to do so. Also, why do you think the case was dismissed as a result of his inexperience? As far as a contingent fee agreement goes, it is best to have a written agreement, but a verbal contract can be enforced as well.

I do not believe what the attorney did was illegal and I do not know if he trying to take advantage of your elderly mother. Most attorneys would not do that. If you have a genuine basis for your allegations, you can file a complaint with the attorney grievance commission. However, before you take such a drastic measure, you should make sure that your facts are accurate. It would be unfair to have an attorney investigated based on faulty assumptions and faulty facts.

Best wishes.

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Answered on 7/11/06, 4:46 pm


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