Legal Question in Personal Injury in Pennsylvania

I am scared I will lose my case or have a poor result

I injured myself on the job 2 yrs ago and obtained an atty to represent me on a consignment basis. I have rebuffed his sexual innuendos and in most recent months he has treated me horribly. This whole process has torn my marriage apart and my husband wants a divorce. I am the injured party here and feel betrayed by the one that should represent me. He curses at me, calls me stupid and quotes things that my doctors have never said. We now are at a stage with the case that the company being sued says their doctors say there is nothing wrong with me, which is just not true. I have been put on SSI as a direct result of the damage. My atty is encouraging me to settle for some ridiculous $500/mo payment for 25 yrs, because he doesn't think we'll win in a court of law. He just wants his money and run. My doctors have submitted their findings and assured me of the proper diagnosis. This condition is not going away and will progress over time. No contract was signed with the atty and at first it was a 33% fee, then he threatened with 45% and now I don't know what to do. If I am not satisfied with the offer, can I go to another atty without financial liability to this one. Please I need help....


Asked on 10/16/08, 10:52 am

2 Answers from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: I am scared I will lose my case or have a poor result

If what you write is true, it's shameful, wrongful and actionable. Your attorney should not be making sexual advances towards you, nor misrepresenting the status of the evidence, nor treating you with disrespect, nor "threatening" you to increase his fee. Such represents a breach of your contract, a breach of his fiduciary duties, and a breach of professional ethics.

You should promptly contact another attorney before further damage is done to your underlying case. If you're in my area, I can review your case. If elsewhere, I can refer you to attorneys in your area.

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Answered on 10/16/08, 11:01 am
James Monaghan Law Office of James V. Monaghan

Re: I am scared I will lose my case or have a poor result

First of all, if he is representing you with regard to the WC claim, the fee is capped at 20%. If he is telling you something different, you should contact a new lawyer immediately. Secondly, his sexual advances are inappropriate and unethical. You should report him to the disciplinary Board and contact a new lawyer. Please feel free to contact my office. i would be more than happy to discuss the details of your case and provide you with a fair estimation of your chances of success.

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Answered on 10/16/08, 11:28 am


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