Legal Question in Legal Ethics in New York
My attorney and I have a difference in opinions about litigation strategies. So I may have to terminate her representation in my case. She has been working for me on the contingency fees. I am satisfied with her work so far and I am willing to pay a fixed amount for her work she did as determined perhaps by arbitration or judge but I am wondering whether she has a claim for a percentage on future recovery as well.
1 Answer from Attorneys
It depends on the nature of the representation and the language in the retainer agreement. However, on a contingent matter, the attorney generally would have a lien on money received, whether prior or future.
When you terminate your attorney, I suggest that you work out an agreement with your attorney as to a percentage or a specific amount.
Mike.
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