Legal Question in Personal Injury in California
I was involved in car accident and asked the same lawyer "Tom" who I used couple times before for help, and gave him all the information and he started to work talking to insurance co. etc. without any meeting or signing anything from his end. And one of my friend just offer me to help for this case, and I asked my original lawyer just to give my all information back, in order to go with my friend, but he is saying I have to have my friend to send him a letter to stop him from working on this case. Do I owe him anything without signing anything??? According to my friend, he said he dosen't have anything to hold me without signing any paper works. Is that right???
2 Answers from Attorneys
If your friend is not a lawyer then he is proposing to act as your lawyer without a licence to practice law which is illegal. You will be in conspiracy to violate the law with your friend. In addition, your friend cannot negotiate with an insurance company or handle your case if it needs to go to court. You might not get all you are entitled to get in compensation and you may even lose the case. If you get into trouble and need a lawyer then no lawyer might want to touch your case. Therefore, what you are doing is both illegal and unwise. As far as the lawyer not having you sign a contract to represent you first, that is also illegal and unwise since the lawyer is required to have you sign a contract and obtain written authorization to send the insurance company as required by the insurance code. He trusted you but he should know better. You owe nothing to the lawyer and you can send him a letter telling him you will not require his services. I am sure that at that point he will close your file and each of you can go your separate ways. You have the right to represent yourself although that is foolish.
I think it is right that you do pay something to your lawyer, since you gave him the impression that he would be paid, he helped to open your claim and get the process started, so it is right for you to pay him something, even though legally you would not have to pay him.
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