Legal Question in Legal Ethics in California

Attorney Discharge

My attorney has done absolutely nothing for me, but file a claim to my insurance company on my behalf. It being obvious that the other party was at fault, the insurance company is offering me the policy limits. Do I have to pay my attorney his contingency fee?

Can I fire him and then collect the settlement offer from the insurance company? Like I said he did nothing for me that I could not have done myself.

I hired him because my injuries had medical bills in excess of $400,000, and I had lost wages and plenty of pain and suffering.

My attorney did a backgroung check on the other party and says that there is nothing worth suing for.

If I want to settle, am I entitled to pay him when he has done absolutely nothing for me.


Asked on 8/31/08, 10:34 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Attorney Discharge

If your attorney secured for you a policy limits offer, it's probably better than you could have done, yourself. You owe your attorney your agreed fee.

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Answered on 9/01/08, 12:11 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Attorney Discharge

I agree with Mr. Cohen.

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Answered on 9/02/08, 3:33 pm


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