Legal Question in Personal Injury in California
Hi - I hired a Personal Injury Lawyer to handle my auto accident case. My Lawyer lied to me, withheld facts and misled me so I have decided to file a 'Fee Arbitration'. My questions is this - can I go ahead and accept the $ distribution on my claim and still file the Fee Arbitration or must I withhold from taking any money until after the Fee Arbitration? My Lawyer will be calling me next week to discuss monetary distribution of my claim as it will be settled then...
2 Answers from Attorneys
Your lawyer is obligated to pay to you the undisputed amount and hold in the lawyer's client trust account the disputed amount, including attorney's fees and costs. Make sure to put the dispute in writing to the lawyer.
I agree with Mr. Cohen, but I do note that many attorneys who handle cases like this will have the client sign a disbursement of funds. If you do agree to a disbursement, including the lawyer's fee, it seems you may have trouble challenging that later.
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