Legal Question in Personal Injury in Missouri
firing a contingent fee lawyer
how do you figure out what a contingent fee lawyer is owed if you fire them? even though my contract says they may switch lawyers on me they did the original lawyer i hired told me she was leaving the firm to go back to cali she said she ws leaving on good terms and would come back and try the case the next lawyer they assigned me was rude to me and fellow employees say he treats everyone that way, he then told me he knew i had a broken tailbone but should take settlemnt, i have not had a broken tailbone after writing the lawyer whos name is on the firm he never responded to me but called in the lawyer from california to fly in and now want to charge me her flight costs and the money to reinstate her license after sending her an email she didnt respond to the firm called and asked when i last spoke to her told me she was moving again, i want to fire them but but dont know what to do
2 Answers from Attorneys
Re: firing a contingent fee lawyer
If you fire your attorney and hire a new one, the issue of your former attorney's compensation will be between the former attorney and the new attorney. Typically, the two attorneys will work out a split of the fee. If they can't come to an agreement, though, the fee matter can go before a judge who will determine the amount that goes to each attorney. This really wouldn't affect you because you are going to get your portion regardless. Before firing your attorney, you may want to consider where you are in the case. If the case is close to trial or has been litigated significantly, it is unlikely any other attorney would take the case anyway. However, if you are still in the claims process (no suit filed), you may be able to get another attorney to help you.
I hope this helps.
Re: firing a contingent fee lawyer
once you discharge the lawyer your new lawyer should contact the former lawyer regarding this and he should give you help. sometimes the discharged lawyer will want compensation at the conclusion of the case sometimes not.
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