Legal Question in Civil Litigation in Missouri
Attorny non-representation
I retained an attorney to represent me for an auto injury insurance claim. The attorney did no work on my case, never returned my phone calls and never followed up with me or the adjuster at the insurance company. He has now filed a lien once I terminated him from the case. The insurance company said that they have to pay him that money. I was told that a judge decides that. How do I handle this, thanks!
1 Answer from Attorneys
Re: Attorny non-representation
The attorney has a statutory lien that attaches at the moment of representation. You cannot avoid the lien, but you are not required to pay the contingent fee amount because under Missouri law the only thing the discharged attorney has coming is "quantum meruit" which means "as much as the thing is worth." In other words, he is only entitled to compensation based on the work he did and any benefit you obtained as a result of it. If indeed he never wrote any letters, filed any pleadings, or anything like that, then you do not owe him more than a nominal fee.
Importantly, attorneys have ethical duties to represent clients zealously and keep them informed of the status of the case. If he did not do this, you may want to contact the Office of Chief Disciplinary Counsel.
If the insurer is adamant about paying this attorney, you may want to contact the Missouri Bar and ask to engage in mandatory fee arbitration.
Good luck.
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