Legal Question in Personal Injury in Oregon
Attorney Liens
My situation goes like this: Rear-ended by a car while on the job,Statute of limitations is running out,I get an attorney. He does not do a very good job informing or responding to my questions, representing me at legel proceedings. Mediation and arbitration are done. 1 month before actual trial he withdraws (Told him a few weeks ago, I sought an alternative opinion, notified him that I do not feel that his representation has been in my best interest.)
He read into the statement and to quits. He sentout letters saying I fired him. I filed a claim with the Insurance fund for attorney's (I can not find an attorney that will take my case this late in the game) Just going to settle for what the other side has offered. The attorney that quit/fired, notifiedthe other side that he has an attorney lien of 1/3 of my settlement. I have neg. little more money.
He has not filed a lien w/courts. The other side is saying ''settle today or else'', ''Oh and the check will have both you and the fired/quit attorney on it.''
The attorney has not filed a motion with the court, if I settle today then how can they put the attorney on the check. Think I will settle & then never cash the check, I am left hopeless by this case and a bad attorney.
1 Answer from Attorneys
attorney lien
First, look at your retainer agreement that you signed. IF he really quit he's not entitled to anything except his costs unless his retainer says otherwise. Most attorneys, except me, have an hourly rate paragraph which triggers once they are discharged. If not its really what there time is in the case. I would suggest that you tell the attorney to allow you to sign his name on the draft otherwise you will pursue the matter through a bar complaint.
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