Legal Question in Personal Injury in Texas
personal injury lawyers
If my son signed a paper to retain services from a personal injury lawyer but then found another attorney that had lower fees is he still legally bound to the first lawyer as far as any fees are concerned? His friend whose dad happens to own a clinic where they handle personal injury cases is saying that he is not legally bound to the first contract if there is no award settlement with them. By the way he says that their attorney's fees will only be 25% instead of the 40% the other lawyer would charge.
3 Answers from Attorneys
Re: personal injury lawyers
Most of the time with regard to attorneys' fees, you get what you pay for. The lawyer offering the lower rate is doing so because he can't get business any other way. A competent lawyer does not have to "bargain" on his fees. Look at it this way: If you had to have brain surgery, would you go with the doctor who offered the cheapest price--or the one who could show proven results? Think about it.
Re: personal injury lawyers
Your son signed a contract. That is a legally binding agreement. He can have any attorney that he wants, but the first attorney has a contractual right to the proceeds of any settlement. Practically, most attorneys do not want clients who do not want them and the client has the right to choose his attorney. Usually the attorneys make some agreement regarding a division of the fee - if that is even necessary. Usually not, unless the first attorney has done a lot of work to prepare the case for trial or settlement, and the client wants to jump ship at the last minute.
Re: personal injury lawyers
It sounds like your son has entered into a contract and a lawyer can expose himself to liability if he encourages your son to breach his contract. The same goes for you if you wrongfully interfere with the lawyer's contract rights. A lower rate doesn't necessarily equate to more money for your son at the end of the day. The lawyer offering the discounted rate sounds like he is tortiously interfering with your son's contract and is misrepresenting the law in order to do so. You may want to advise your son to report this lawyer's action to the State Bar of Texas.