Legal Question in Personal Injury in California

Firing an attorney because of negligence to include all losses related to the ca

Attorney failed to include the disability and loss wages suffered right after car accident. He indicates that even though he did not include the loss wages, I have to settled because this is the insurance final offer prior to going to trial.

Can I fire him at this stage? and if so, what is my liability to him.


Asked on 3/19/04, 1:55 pm

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Firing an attorney because of negligence to include all losses related to th

Whether he 'included' them or not, the offer probably takes all that into account. If it is their best and final offer, either take it or try it. At trial you can seek all your claimed damages, so you have lost nothing yet.

If you replace him, he is entitled to a lien upon your recovery to the extent of his percentage under the agreement you have with him. Any new attorney would have to pay the first attorney, making it difficult to get a new attorney interested, especially if it is just before trial.

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Answered on 3/22/04, 7:55 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Firing an attorney because of negligence to include all losses related to th

I concur with Mr. Nelson.

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Answered on 3/22/04, 8:28 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Firing an attorney because of negligence to include all losses related to th

You can and should. He will be entitled to a fee to be determined at the time case settles.

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Answered on 3/23/04, 1:11 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Firing an attorney because of negligence to include all losses related to th

Already answered.

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Answered on 3/23/04, 1:17 pm


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