Legal Question in Legal Malpractice in Ohio

Can I Cancel My Contract With An Attorney

In January 2004, I hired an attorney due to the fact that my son was a passenger in a serious automobile accident. In over a year this attorney has only called twice however each month I was told to send all medical bills and an update on my son's condition and to talk to his assistant.Now they are ready to settle with the driver's insurance company and they sent me a settlement statement without any figures on it. A week ago I requested an itemized settlement statement showing the case costs and any outstanding medical bills. As of this date I have not heard from him. Can I terminate this contract and settle with the insurance company myself?


Asked on 1/28/05, 8:46 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: Can I Cancel My Contract With An Attorney

You should read your contract with the attorney to determine what the termination policies are and if you would owe any fee to the attorney (either percentage of the recovery, or hourly rate). If your son was in the accident, and he is a minor, you will likely need approval of the probate court once a settlement is agreed upon. There are many issues such as future medical, wage loss, scarring, etc... that a qualified attorney can assess and value properly. Many times, the value assessed by the client has no bearing in reality to what juries generally award or what insurance companies generally consider.

It's a tough game to play by yourself without advice. I highly recommend that if you terminate your current attorney, you do not do so before getting a second opinion on the matter from another attorney. Have the case reviewed, have the contract reviewed and know what you and your son will be responsible for before you terminate the relationship. Feel free to call if you like. 859-491-5800.

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Answered on 1/31/05, 2:49 pm


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