Legal Question in Legal Ethics in California

Agreement with our atty: Atty shall advance all costs incurred in the prosecution of this claim. In the event there is no recovery, Client is not responsible to the attorney to repay costs that have been advanced by Attorney. In the event of a recovery, any costs that have been advanced by Attorney shall be deducted from the recovery before Attorney's fees have been deducted. No settlement shall be made without the consent of the client. In the event Client refuses a settlement offer deemed by Attorney as reasonable and fair, Client shall then become responsible for advancing the costs of prosecuting the claim from that point forward at Attorney's sole discretion" The parties have made an offer, and I have not accepted or declined, and have until 9/30 to do so. My atty has written me and demanded I accept the offer by 9/11 or he is going to force me to send him funds in a trust account to cover costs going forward. If I don't send the check, he is withdrawing and placing a lien on the judgment. Can he do that since I have not declined the offer? He is forcing me to accept the offer, or send a check or he is withdrawing from the case. We feel he is so preoccupied with a larger case, he cannot represent us well.

Asked on 9/05/09, 7:57 pm

Robert F. Cohen Law Office of Robert F. Cohen

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It appears that the attorney is reminding you of your written agreement.

Answered on 9/06/09, 12:51 pm

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