Legal Question in Personal Injury in California
Can an Attorney be Fired After a Settlement Offer Has Been Made?
My nephew had an accident last October and was referred to an attorney through a friend of the family. My nephew has never actually met the lawyer in person, but he has met with an associate. At any rate, he was referred to a doctor for Physical Therapy which he attended for about a week until his back began to feel better.
Apparently, my nephew has given a statement (by telephone) to a lawyer for the other party�s insurance company and based on their investigation, the insurance company sent him a settlement check for the vehicle, but nothing for his pain and suffering, or lost wages for the week he was off work.
My nephew isn�t satisfied with the amount of the settlement check and would like to take the matter to small claims court. I advised him not to sign the check and have had him fax a copy of it to his attorney, but the attorney has not responded.
Here�s my question: His attorney has done very little (if anything) in the case, but he�s still the attorney of record. Can my nephew fire the attorney and fight the settlement amount himself without being liable to the attorney for any expenses?
5 Answers from Attorneys
Re: Can an Attorney be Fired After a Settlement Offer Has Been Made?
I agree with my colleagues.
The attorney can be fired, but will get paid the reasonable value of his services.
Re: Can an Attorney be Fired After a Settlement Offer Has Been Made?
It sounds like the only offer was for the property damage. Your nephew can cash that check if he is satisfied that it is a reasonable amount for the property damage and loss of use of the vehicle (rental car expense). Make sure there is nothing on the check that is a release of all claims.
For the personal injury portion of the claim, you should consult with the attorney who you hired to see if he has done anything regarding this part of the case. You should see if he agrees that Small Claims Court is the way to go.
If you cannot reach an agreement with him on this issue, you can always discharge him and go to Small Claims Court. However, he may try and get paid for his time that he put into the case up till his discharge.
Re: Can an Attorney be Fired After a Settlement Offer Has Been Made?
It sounds like the only offer was for the property damage. Your nephew can cash that check if he is satisfied that it is a reasonable amount for the property damage and loss of use of the vehicle (rental car expense). Make sure there is nothing on the check that is a release of all claims.
For the personal injury portion of the claim, you should consult with the attorney who you hired to see if he has done anything regarding this part of the case. You should see if he agrees that Small Claims Court is the way to go.
If you cannot reach an agreement with him on this issue, you can always discharge him and go to Small Claims Court. However, he may try and get paid for his time that he put into the case up till his discharge.
Re: Can an Attorney be Fired After a Settlement Offer Has Been Made?
An attorney can be fired at any time for any reason. But, the client is legally responsible for the reasonable value of the services actually rendered by the attorney. If they can't agree, the client in CA has an absolute right to have the issue arbitrated by the County Attorney Arbitration Progarm in that County, which are, in my experience quite fair if not favorable to the client.
Re: Can an Attorney be Fired After a Settlement Offer Has Been Made?
The attorney can be discharged but he would have a lein on probably only the bodily injury portion of the case. Your nephew probably signed a retainer with the attorney and you cannot cut the attorney out of a settlement with out the attorney agreeing, the attorney is entitled to something for his time.
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