Legal Question in Workers Comp in Arizona

Financial responsibilitys to my lawyer

If I fire my attorney what fee is he entitled to? No monetary award has been issued yet.


Asked on 11/02/04, 12:54 am

1 Answer from Attorneys

Thomas Stillwell Stillwell Law Office, PLLC

Re: Financial responsibilitys to my lawyer

There is no easy answer to your question. Assuming your agreement was on contingency (a percentage,) the attorney may have accomplished some or even all of the work necessary to get you your benefits, in which case he/she might be entitled to most if not all of the agreed-upon fee despite you terminating the relationship.

If there's still work to be done, however, then it gets really sticky, because the old attorney may be entitled to a partial fee, which might make it harder for you to find a lawyer to do the rest of the work.

Finally, you need to realize that such fee disputes are generally resolved by the attorney filing a Petition for Attorneys' Fees with the Industrial Commission. At the Commission, they will follow the statutory limits on fees, but they will also ask the attorney to document the time he/she put into the case.

If you're tired of your attorney, chances are that the feeling is mutual! Why not negotiate an acceptable compromise on the fee and avoid all of the complications? If you have that done, finding another lawyer may be a little easier because you will have removed the uncertainty of a fee petition.

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Answered on 11/02/04, 9:35 am


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