Legal Question in Insurance Law in Texas

After three years, and inspite of really terrible representation, I was offered a suitable settlement from an insurance company. Not to my surprise, the insurance company found a certificate I gave this attorney 2years ago, but never entered into the required paperwork and may have lost the settlement all together. I want to fire him. According to my contract, I can without recourse.

1. If I fire my attorney, and the insurance company turns around and decides to settle, can I handle my own signing? Is it a legal requirement that I have a lawyer representing me at time of settlement?

Texas


Asked on 9/02/09, 2:43 pm

1 Answer from Attorneys

Dan Street Street Law Firm

I have no idea what you mean by "the insurance company found a certificate I gave this attorney 2 years ago, but never entered into the required paperwork and may have lost the settlement all together." I can't imagine what this "certificate" could possibly be and how the not entering of "required paperwork" could jeorpardize your settlement. Nevertheless, the answer to your questions cannot be a simple "yes" or "no" because, as is almost always the case in matters of law, it depends upon the circumstances. I simply do not have enough information to answer your question accurately. I can tell you that there is no "legal requirement" that you have an attorney representing you at the time of settlement (presuming you are at least 18 years of age). However, settlement documents are highly complex, and it would be inadvisable for you to finalize your settlement without the advice of counsel. It sounds like what you need is an attorney who is both honest and competent. Believe it or not, there are lawyers out there who are both. I encourage you to find one. Perhaps you should obtain the recommendation of a trusted friend. And, whatever you do, never, ever, EVER hire a "TV lawyer." Good luck to you.

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Answered on 9/07/09, 5:46 pm


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