Legal Question in Civil Rights Law in California

motion to withdraw filed by my attorney

My attorney based his settlement offer of 15,000 only because of my past . I'm a recovery addict, disabled mental health and little employment history. I fell in a pothole in the city of hawaiian gardens., I had 2 surgeries was in the hospital over 30 days and I am permanantly disabled. If I was a prominent figure in the city with an excellent background I would be able to get more of a settlement. My attorney refused to help me and is withdrawing as my attorney. Is this right?


Asked on 2/08/08, 2:00 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: motion to withdraw filed by my attorney

There are not enough facts to determine the value of the case, but, your attorney is correct that social factors such as your past do make a difference in what a jury will award in a verdict.

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Answered on 2/08/08, 2:26 pm
Terry A. Nelson Nelson & Lawless

Re: motion to withdraw filed by my attorney

Any attorney has a right to withdraw if you refuse to cooperate in a reasonable manner. It is subjective what is reasonable. Now your question is whether any other attorney could get you a better deal, taking into account the 'lien' that the first attorney has on your ultimate recovery - he is going to get paid something for what he has done and achieved. The case settlement value depends upon the actual facts, and the attitude of defendants. Your only options are to either settle it, or take it to trial. Unless an attorney is confident of getting substantially more from a jury than the settlement offered, and being able to keep that judgment preserved against an appeal by defendants [which will cost YOU a large amount of attorney fees out of your pocket for the appeal defense], the attorney is going to recommend you settle. You should pay to get a 2nd opinion of the settlement before letting this go any further downhill. Feel free to contact me if serious about doing so. IF, IF, I think the case is really worth at least several times the current settlement offer, and am willing to back up that belief with a willingness to take over the case, then we can talk about doing so. If not, I'll recommend you take the offer or try to get it increased somewhat.

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Answered on 2/08/08, 2:37 pm


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