Legal Question in Civil Litigation in Oregon

Re: Lawyer Fees

You're right to be concerned for your friend about this attorney's ethics. If indeed he DOES handle defense of civil matters, one of the FIRST things he should have looked into is whether this is something that an insurance company (auto, homeowners, tenants insurance, or business liability insurance) would be COVERING, for the type of liability over which your friend was sued. I would have your friend ASK THE ATTORNEY something like "Didn't you REALIZE that insurance would cover this and that THEY would pay for a lawyer to defend me?"

In fairness, it IS possible that there was a coverage dispute, and that this attorney assisted in convincing the insurance company to cover the matter. Some areas of the law are not crystal clear, so it sometimes takes some work to convince an insurer that the TYPE of loss fits within the coverage purchased. If that's the case, then the fees would seem to be legitimate, absent some other reason there's a problem. Did your friend get an ITEMIZED billing from the lawyer? If not, ask for one.

To get a proper lowdown on all this, you might just go straight to the NEW lawyer, who the insurance company hired, to find out whether the attorney was foolin' with you. IF so, a letter to the old attorney, spelling out why you should get your money back, MIGHT be enough to get him to refund all or part of what was paid.

If letters and phone calls to the former lawyer don't work, AND if your friend is convinced by information from OTHER LAWYERS that in fact the first lawyer took advantage, then your friend also has the option of filing an ethical complaint with the Oregon State Bar. The mere threat of it, IF INDEED the lawyer did anything wrong, might be enough to get a refund.

So, to boil it down, talk to the NEW lawyer first and ask questions. Good luck to you!

Sam Hochberg

www.YourInjuryLawyers.com