Legal Question in Personal Injury in California

Re: He didn't even sign his retainer

The specified language in the retainer agreement should be the first place you look to tell you what happens in the event you fire your current lawyer.

He is likely to have the right to an attorney lien (attorney fees) and costs (fax,postage, medical records costs etc.)

Keep in mind that while you have the right to fire your lawyer, other lawyers especially in small cases will be less inclined to take a case with an attorney lien on it.

Good luck to you. In the end you need to do what you feel is appropriate. If you feel after talking to the lawyer that you can't work with him then maybe you should consider getting another lawyer.

Keep in mind that just because the day to day responsibility for the case is being handled by another lawyer the head lawyer is likely keeping up on the case and given his many years of advice.

Re: He didn't even sign his retainer

The fight for attorney's fees in your case would be between the attorneys. If your next attorney says that he would take 33 1/3% of any settlement, then that is all that you would pay from your settlement (not including any costs expended by all attorneys).

From the facts as you stated, your current attorney would have a legitimate lien claim.

Good luck.

Re: He didn't even sign his retainer

I agree with Mr. Sullivan and Mr. Reid that your attorney will have a legitimate claim against any funds you recover. You don't get to deprive an attorney of his fee by letting him do the work and then firing him before you get the benefit. How much he can recover will depend upon the language of your contract and upon how much of the work is completed before you fire him.

The fact that the first lawyer did not sign the retainer is not a problem, since he has demonstrated his assent by doing the work required under the agreement. Besides, your question is about your obligations and not his; since you signed the agreement the absence of *his* signature doesn't matter.

As to the second lawyer: if the other lawyer works for the same firm as the first one then there should be no problem, because you probably hired the firm and not any individual attorney. Unless your contract specifically said that a particular lawyer would do all the work, you have nothing to complain about. If the second attorney works for a different firm or on his own and is handling your case as a contractor for the first lawyer, then the same analysis applies. However, if the first lawyer and his firm have withdrawn from the case and the new lawyer has taken over as counsel of record, then you have a legitimate gripe. It is extremely unlikely, though, that the attorneys would try to do such a thing without your permission.

Re: He didn't even sign his retainer

It sounds like your present attorney has already been working for a long time on your contingency fee matter. Therefore, it is suggested that you contact your attorney directly to discuss your concerns prior to making any decision to discharge.

Generally speaking, an attorney who is discharged without cause from a contingency fee case would be entitled to place a lien on your case/claim and recover the "quantum meruit" value of his services, plus costs, upon settlement of the case/claim. Notwithstanding the same, the total amount of "quantum meruit" attorneys fees claimed by the former attorney may not exceed the original percentage in the contingency fee agreement.