Legal Question in Personal Injury in California

An attorney for my friend who was in a car accident withdrew from the case without speaking to him, now the attorney wants a lien on a personal injury case, and my friend had brain trauma, and did not understand, and never did speak to the attorney. Now no new attorney will take the case because of the lien from the old attorney. An attorney said he would take the case if the old attorney would waive his attorney fees. Is this possible? and should the old attorney of spoken to his client directly.


Asked on 6/25/12, 9:45 pm

4 Answers from Attorneys

Michael Stone-Molloy The Lion's Law Office

Ordinarily, if the old attorney voluntarily withdrew, he automatically loses his lien. The old lawyer only gets a lien when he's fired, or replaced against his will.

Since there are plenty of other lawyers looking at this case but none of them are taking it, then I don't think that the facts are quite the way you stated them. You should know that just failing to communicate is not the same as "withdrawing." For him to withdraw, he would need to send a letter saying so. Sounds like your friend didn't like the lack of communication, so now he's looking to remove and replace the old lawyer against his will.

It's highly unlikely that the old attorney will voluntarily agree to let go of his lien on a valuable case when he's being kicked out. Yes, he should have talked to his client and kept in contact, but that doesn't mean he loses his lien.

Personally, I take cases with liens on them all the time. If the case is worth it, I'm not so greedy that I need to keep all the fees for myself. If you want, I'd be glad to take a closer look at the situation. Go ahead and give me a call at (877) LION FOR LAW (546-6367) or email michael@thelionslaw and we'll talk it over.

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Answered on 6/25/12, 9:59 pm
Roy Kohler Law Offices of Roy Kohler

I agree in full with the above answer. Cotact the closest attorney to your residence.

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Answered on 6/26/12, 9:41 am
Yosi Yahoudai Javaheri & Yahoudai

We are an experienced personal injury law firm that handles these type of cases and would be more than happy to give you a free consultation. If you are interested in further speaking about your case, please call us at (877) 735-7035. You can learn more about our firm at www.toppersonalinjurylawyers.com.

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Answered on 6/26/12, 9:49 am
Michael Stone-Molloy The Lion's Law Office

Since we haven't heard from you or your friend, we're following up to make sure that you're being taken care of. If you're still having problems, call us directly at (877) LION FOR LAW (546-6367)

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Answered on 8/28/12, 6:24 pm


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