Legal Question in Personal Injury in Ohio
not happy with my attorney
how can you teminate an attorney that is on a contingency basis. what is the procedure and how will we be charged for the time that has been spent on our case to date?
2 Answers from Attorneys
Re: not happy with my attorney
You should look at the representation agreement that you signed with the attorney to determine how you will be charged for the time that has been spent on your case. If you want to terminate your attorney, provide him or her with written notice.
Re: not happy with my attorney
your agreement with the current attorney is a contract. You should only consider "breaking" a contract after careful consideration.
There are times when it is necessary and in your best interest to get a new attorny involved in a case. If the problem is the amount the case is worth, that can usually be worked out by discussing it with the attorney.
If your problem is lack of communication or no action on the case, sometimes a letter to the attorney explaining that you need more contact will solve the problem.
Sometimes, despite the client's efforts, the attorney, for one reason or another is just not doing the job-You as the injured party have the right to do what you need to do inorder to protect your case. That may mean that you need to "fire" your attorney and get a new one.
If you decide to switch attorneys and do not have a good reason, you will most likely owe the old attorney some money. You would certainly owe for any out of pocket expenses and, depending on the circumstances, the attorney may be entitled to some amt of fees when the case is resolved.
Switching attorneys in the middle of a case is not something that should be done unless you have a good reason. You do have the right to confidentially talk to another attorney to get a second opinion. If you then decide to get a new lawyer, you should send your current attorney a letter telling him or her that you no longer want them to handle your case. You should keep a copy of the letter for your file. Your new attorney will want to see the letter.
There are some additional issues that you may need to deal with but I will need more information from you before I can determine if the other issues apply.
If you give me a call I will be happy to discuss this with you. I have been representing injured people for over 30 years and have had a number of clients who were just not satisfied with the efforts of their attorney. Some of them did not understand the process and chose to stay with their attorney after getting some information, and some had legitimate reasons to switch.
I hope to hear from you. There is no charge for a cofidential telephone call.
Good Luck!
DHD
Law Offices of David H. Davies
"Justice Is No Accident!"