Legal Question in Legal Ethics in California

Lawyers fees for Auto accident

A friend of mine was in an auto accident last July by a hit and run driver who was later caught and arrested. a few more cars were involved.

She retained an attorney for her injuries. He first recieved a check for medical through her auto insurance which was made out to herself and attorney. Which they split in the usual 33 1/3.

Now her insurance has totaled her car and sent a check in her name to the attorney. When she went to pick it up he made her sign it over to him and he took 1/3 of this check. To my knowledge this should have been all hers to keep since it was for the car through her insurance company. Apparently after the fact he had her sign some sort of contingency paperwork.. This seems to be to be unlawful.

Please advise as she is a single mother of 5 and really can't afford to be taken advantage of. She is unable to deal with this on her own as her life has been pure hell since the accident. Lose of work, car etc. Please advise as to what to do. If I am correct I think she should find another attorney ASAP,

We live in the Los Angeles, CA area


Asked on 1/27/05, 4:16 pm

1 Answer from Attorneys
Joel Selik www.SelikLaw.com

Re: Lawyers fees for Auto accident

Read the fee agreement. It may allow it, though most attorneys do not charge for it.

JOEL SELIK Attorney at Law

800-894-2889 760-479-1515 702-243-1930

www.SelikLaw.com

Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker

CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.

Read more
Answered on 1/28/05, 8:49 am


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California