Legal Question in Employment Law in California
im in a lawsuit with my former employer for wage and hour case along with other violations he commited. my lawyer was on contigency basies, and she up and dropped my case without a decent reason. she is now attaching a lien to my case making it impossible for me to find new representation. can she she do this?
3 Answers from Attorneys
Most likely, yes.
You should look at the retainer agreement with your former attorney. That agreement likely says that your former attorney has the right to put a lien against your claims.
You might speak with your former lawyer and explain that the lien is causing severe problems as to your finding new representation, and that she will recover nothing if you cannot find a new lawyer and lose the case as a result. You can also write a letter to her to this effect if you cannot reach her by telephone. A negotiated settlement may be your best strategy here.
Best of luck to you.
Attorneys don't drop paying cases for no reason and then lein them. Whatever caused your attorney to drop the case is much more likely to be the reason you can't find another attorney to take the case. In contingency fee cases it is usually because the client had unreasonable expectations and refuses a good settlement, though I have no idea if that is the issue in your case. The advice that you negotiate something with your former attorney and get their cooperaton in finding new counsel is very good advice.
Yes.
Your new attorney will simply have to either negotiate a compromise with her as to her share of the fees ultimately earned, or you will have to go to Fee Arbitration through the local Bar Association.