Legal Question in Personal Injury in Florida

conflict of interest

my stepdaughter was killed in a auto tain accident july 2007, we hired an attorney to get guardinanship of our 2 yr old granddaughter,the father is a deported mexican about a month after the accident he told us of an attorny who was interested in presuing a wrongful death case against the railroad we had already researched and between other attorney's and my own reasoning i didnt see any liability we told him we didnt want to involve the 33000 auto insurance the the grandaughter would recieve from state farm but he told us that he would spend more than that presuing the rr case there was never any case my guestion was it unethical the the guardianship attorney to take a share of the fee for referal when he had to know there would never been a case brought against the rr when i ask what made him think there was a case the wrongful death attorney said there was something about the intersection but in the end that was just a fabrication on his part any help would be greatful

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