Legal Question in Personal Injury in Wisconsin

Re: Firing an Attorney (Personal injury claim)

Absolutely. Note though, that under Tonn v. Reuter, 6 Wis.2d 498, 95 N.W.2d 261 (1959), your attorney may still be entitled to the retainer contract fee less a fair allowance for remaining work if you do not have cause to discharge your attorney. In Tonn, the Supreme Court of Wisconsin held that the proper measure of damages for an attorney who is retained by a client under a contingent fee agreement and then is discharged without cause is the amount of the contingent fee based on the resulting settlement or judgment, less a fair allowance for the services and expenses that would necessarily have been expended by the discharged attorney in performing the balance of the contract.

Frank Pasternak

Frank Pasternak & Associates S.C.

8112 West Bluemound Road

Milwaukee, Wisconsin 53213

http://www.frankpasternak.com

Re: Firing an Attorney (Personal injury claim)

I have read the answer given by Frank Pasternak and I agree with what he told you. If you fire your lawyer without cause, the lawyer may have a claim to a portion of the attorney fee, as stated by Frank. That fact may make it more difficult for you to find another lawyer to take your case, depending upon whether your present lawyer has been doing a reasonable job or not. I would advise you to talk with your present lawyer about your dissatisfaction with the job he is doing to determine whether he might do a better job for you. If you are satisfied that he will not do a good job, then you might as well talk with another lawyer about taking over your case.

Re: Firing an Attorney (Personal injury claim)

You should locate a new attorney prior to firing your old one. The two lawyers can then work out an equitable fee division with one another and avoid problems with the previous attorney's lien, which could otherwise make it impossible for you to find a new attorney. If you can't find another attorney willing to look at the case, you might consider making amends with your old attorney. Many cases are difficult to prove, making it very difficult to find any lawyer who is willing to accept your case on a contingent fee. Attorneys are also often hesitant to take on a new client who already has a record as being troublesome. Finally, do not hesitate to discuss problems with other lawyers in your attorney's firm or in the legal community where you live. Many lawyers who know your lawyer will make a courtesy call to your lawyer to discuss your issues and mediate them free of charge, or inform you in the event that your attorney is having problems which prevent him from performing. Good luck!

Re: Firing an Attorney (Personal injury claim)

You do have a right to change attorneys at any time you desire. If you signed a contingency fee retainer agreement with the first attorney and his firm, and you change attorneys due to some dissatisfaction, but it is not "for cause," that he did something wrong, you would still owe the first attorney for the fees that he incurred, in addition to any costs or disbursements that he might have advanced on your case. If the first attorney is fired because he did something wrong and violated the contract that you previously signed with him, then you might not have to pay him for his time. Generally, I recommend discussing your case with another attorney who handles personal injury cases to explain the case and your concerns, and then that attorney can give you some advice about whether he or she thinks that your first attorney is doing anything wrong or whether he thinks that your first attorney is handling the case properly. There may be particular elements of your case that just make your case particularly difficult. If you make a decision that you cannot remain with your original attorney, and you retain a new attorney, the general recognized method is that the two attorneys agree on an equitable split of the attorney fees that were originally owed, based upon the amount of work that each attorney has done to resolve your case, and the second attorney then pays the first attorney, out of the settlement or award, for both the agreed upon fees and the costs that each of the attorneys have incurred to resolve your case. Each case is different and you should get a few opinions before deciding to leave your oringal attorney. Sometimes an attorney is not interested in taking over a case that another attorney has already been handling, especially if the case has been pending for a signifcant period of time.

Re: Firing an Attorney (Personal injury claim)

If you are unhappy with your attorney, you may terminate

your relationship with him or her. You must, however,

resolve what fees may be due this attorney. In a

contingent fee case, that gets complex and you will

have to look to your fee agreement.