Legal Question in Personal Injury in California
Reasonable fees: I fired my lawyer, how much could I owe him?
My auto accident was in September 1997. I am still being treated. My attorney wrote letters to my employer, health providers asking for billings, to the insurance company advising them he represented me, and prepared his lein and the lein for a consulting firm he hired to refer me to an orthopedic surgeon. I got a copy of my file, and though the insurance company inquired twice about my progress, there is no evidence he responded. What is the range of a reasonable amount of time he could bill me for?
He told me he could not tell me how much I would be billed for, but that I could expect a bill before settlement - which is at least 6-9 months away. Can't I get a billing before then? He had told me before I fired him that the reason he wasn't in contact with me and hadn't given me the requested copy of my file was because there was nothing to do at this point in the case. When I fired him, he said that he had done "a lot of work for me." What is the deal?
Also, can he actually have the insurance company send the settlement check to him, even though he is not representing me anymore?
3 Answers from Attorneys
What is your agreement with your former attorney? And is it in writing?
Your posting actually raises more questions than it answers. Did you have a written fee agreement with your former attorney? If so, what does it provide? I'm assuming it was a contingent fee arrangement, whereby your former attorney was to receive a percentage of your recovery -- but that's unclear without more information from you.
As for your former attorney's telling you he didn't respond to your inquiries -- and didn't provide you with a copy of your file -- "because there was nothing to do at this point in the case" -- that's BS, and you probably know it already! (Besides, it's an ethical violation -- your attorney is obligated to respond to all reasonable inquiries into the status of the case -- whether or not that status report is "nothing much is happening" . . .
A September 1997 accident means you have until sometime in September 1998 or thereabouts to file a lawsuit to protect your rights to recover for any personal injuries. . . .
You need to consult with another lawyer VERY soon, or choose to file a lawsuit on your own behalf within that same timeframe!
Very little should be owed
He is only entitled to reasonable value for the work done. From what you say he could not have put more than one or two hours into the job. His bill should not be more than 2 or 3 hundred dollars. Have your new lawyer write him demanding an itemized statement. You also have the right to have the fee arbitrated. Your former lawyer sounds like a liar and a jerk.
Lawyer Handling Insurance Claim
I agree with Mr. Scott and Mr. Koury. However, I should point out for the benefit of other readers that a lawyer who properly handles an insurance claim may need to do a considerable amount of work that is not apparent to the client.
In this particular case, the client has seen the file and stil has no evidence that the lawyer did anything. I think the lawyer here was simply ignoring the case.
Mr. Scott is correct about the importance of the language of the written fee agreement (which is pretty much a necessity when dealing with non-corporate clients in California). Most contingency agreements require a client who terminates the lawyer to still pay for the reasonable value of his/her services. My assessment is that the reasonable value here is close to zero.
As to the settlement check, if he has a lien against the proceeds, then he can probably require the check be made out to you and him jointly. Many insurers will not issue checks solely to the injured plaintiff when they know of an attorney lien. You might want to approach the attorney now to suggest that he waive his lien so that the issue will be moot when the check is drafted. If he doesn't agree, report him to the bar for failure to communicate and for neglect of the file.
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