Legal Question in Legal Malpractice in Texas

Changing Attorneys from TX.

I hired attorney ''A'' 2 months ago, not happy with handling of my Phen Phen. Poor communication, lack of contact and spoke to attorney several times about these short comings. Now I want to fire my attorney. I want someone in Florida that I can touch. I was told that I can send a overnight letter to the attorney indicating his/her services are no longer needed. Once they sign for the letter, the attorney no longer represents me. I know for a fact the only thing the legal aid has done was file out 1 form and submit it to the company. No other fees. When I find another lawyer and we get a settlement how do we determine how much this lawyer will get from the settlement. Is there a law that says she automatically gets half of 33 and a third because she work on the case for 2 months. How is that determine what she gets. I was told even if she worked on the case for 2 weeks she is entitled to get paid, even if I change attorneys.


Asked on 12/14/01, 8:47 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Changing Attorneys from TX.

Your first attorney is entitled to be paid for any services he/she provided, but is no longer entitled to a "contingent" fee as your retainer agreement provides because he/she did not obtain any recovery for you. You should ask him/her for an itemized bill explaining the services rendered and time spent and his/her normal billing rate per hour. The bill should include any items of expense incurred for reimbursement.

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Answered on 12/14/01, 12:38 pm


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