Legal Question in Personal Injury in Florida

Lawyers fees

My wife was in an auto accident (last vehicle hit in a 4 car accident). First driver had no car insurance. We hired an attorney to handle the case and after a very short time began pressuring us to take a $500 offer. We obviously fired the original attorney and hired a new one. We just recieved and accepted an offer for the policy limit of $25,000 and now the original attorney is demanding over $3,000 plus costs be paid to him. If we pay this amount this attorney that was fired will walk away with more compensation than my wife will (after current attorney's fees and medical bills). I think this is an outrageous demand and think that an offer of 33.3% of $500 plus costs is substationally more than was earned. I am very upset with the thought of paying the original ''legal expert'' any money at all because of the lack of effort put forth into the case and the pitiful offer obtained. Am I wrong in my thinking that if an attorney is fired they are not entitled to more than the offer that they secured?


Asked on 8/28/08, 5:09 pm

3 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: Lawyers fees

You should seek advice from the second lawyer who obtained $25,000 in settlement as to the proper basis for the first lawyer as he is familiar with the facts of the "discharge" the value of the case and the work done by lawyer #1. Reading your post does not give enough information to provide a reliable answer for you when you have a lawyer at your side.

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Answered on 8/29/08, 1:15 pm
David Slater David P. Slater, Esq.

Re: Lawyers fees

no

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Answered on 8/28/08, 5:41 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Lawyers fees

If you fired him, he is entitled to be paid a fair fee for the work he did. Lawyer #2 should have explained this and, quite frankly, there is usually an effort by lawyer #2 to resolve this before the case closes.

You will need to ask specifically what he did and the time he spent doing it. Lawyer #2 can (and should) be able to tell you if what is claimed is fair. Frankly, if the case settled quickly, lawyer #2 should have been willing to reduce his fee a little to help you out with the lien. That is not required but is usually something that I do if there is a prompt settlement.

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Answered on 8/28/08, 9:56 pm


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