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Can I fire my lawyer?

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V

vdm

Guest
What is the name of your state? California

I worked with a contingency lawyer on an auto accident I was injured in. The lawyer has settled with the other driver's insurance company. The policy was minimal and will not cover my surgery. My lawyer has suggested that we collect from my uninsured motorist policy. The lawyer doesn't care about whether I have surgery or not. He just wants his cut.
All that was agreed upon between me and the lawyer was that he receive the standard one-third payment.

Is my lawyer entitled to any of the money from the uninsured motorist portion? Does my lawyer have to negotiate this with my insurance company or can I do it myself (and end the relationship with the lawyer)?
 


I AM ALWAYS LIABLE

Senior Member
vdm said:
What is the name of your state? California

I worked with a contingency lawyer on an auto accident I was injured in. The lawyer has settled with the other driver's insurance company. The policy was minimal and will not cover my surgery. My lawyer has suggested that we collect from my uninsured motorist policy. The lawyer doesn't care about whether I have surgery or not. He just wants his cut.
All that was agreed upon between me and the lawyer was that he receive the standard one-third payment.

Is my lawyer entitled to any of the money from the uninsured motorist portion? Does my lawyer have to negotiate this with my insurance company or can I do it myself (and end the relationship with the lawyer)?

My response:

Why should your lawyer (or, any lawyer) care whether you have surgery or not? The lawyer is doing his job as an attorney, and dealing with the legal aspects of your claim.

The reality is, the other driver didn't have sufficient insurance. Therefore, your attorney has advised you correctly to make a claim against your "Underinsured Motorist Coverage."

Sure, you can fire your attorney. But, because you signed a contract giving the attorney a LIEN on your entire claim, that includes your Uninsured Motorist Coverage, too.

So, even if you were to fire him, he'd place a lien on your claim by informing the insurance company to place his name on any settlement check(s) they might pay to you.

So, one way or the other, the attorney is going to get his money. What you're failing to understand is that your attorney gets 1/3 of ALL money generated by your current claim, and from whatever source.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
TriciaLC said:
this is why im scared to hire a lawyer.

My response:

Without a lawyer, and dealing with insurance companies on your own, you'd have a lot MORE to be "scared" about. Believe me, insurance adjusters know the law inside and out, and know how to bludgeon claimants who represent themselves.

IAAL
 
V

vdm

Guest
Thank you very much!

I AM ALWAYS LIABLE said:
My response:

Without a lawyer, and dealing with insurance companies on your own, you'd have a lot MORE to be "scared" about. Believe me, insurance adjusters know the law inside and out, and know how to bludgeon claimants who represent themselves.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
TriciaLC said:
want to fly out here and represent me iaal?

My response:

Gee, I wish I could. I'm not licensed to practice in Indiana. Only California.

So, unless you're willing to "bump and grind" out here in California, then I can't represent you.

But, who said anything about "legal" representation?

Damn, real red hair and you're all the way out there - - Damn!

Listen, tell me the truth - - you're not a porker are you?

IAAL
 
T

TriciaLC

Guest
what the heck is a porker? does that mean am i fat??? no way. and i used to live in california...only moved here 2 years ago.
 

I AM ALWAYS LIABLE

Senior Member
TriciaLC said:



"and i used to live in california...only moved here 2 years ago."

===================================


My response:

Oh, yeah? What part?

And, why the hell would you move from beautiful sunny California to Indy? For that matter, why would anybody?

IAAL
 
T

TriciaLC

Guest
Stockton, up north. I was bribed here actually. Long story. But now i'm stuck here and probably can't afford to move back. I think i want to go to law school though now. This insurance crap really fires up my temper (c:
 

stephenk

Senior Member
remember IAAL is a plaintiff's attorney. his judgment is clouded by the people who come to him with fanciful stories of injury and fault and hire him to represent their positions. Much like a lobbyist in Congress.

The attorneys representing the interests of the insureds (not the insurance company) are the valiant knights of justice, fairness, and honesty. We fight against the heavy tide of meritless claims, lying doctors and exagerating plaintiffs. Without us the dark powers of the trial lawyers would corrupt us all and bring on the armaggedon.



Aaah, who am I kidding. IAAL represents the plaintiffs and I respresent the defendants. we both do our best and then move on to the next case, forgetting about the last one we just worked on as soon as the dismissal is filed.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:



"Aaah, who am I kidding. IAAL represents the plaintiffs and I respresent the defendants. we both do our best and then move on to the next case, forgetting about the last one we just worked on as soon as the dismissal is filed."


===============================

My response:

Hello Stephen, my good, nemesis, defense counsel friend from Burbank! Slayer of the downtrodden, the killer of the injured, the hirer of "independent" medical doctor whorehounds.

Boy, ain't THAT statement the truth - "we both do our best and then move on to the next case, forgetting about the last one we just worked on as soon as the dismissal is filed."

I hate "babysitting" clients for longer than 5 to 6 months. So, call me and start agreeing to settle some of my litigation files, will ya? You know I'm fair, and you know you've got more in the reserve - - so, start offering some "decent" money to my clients, goddamnit. I want to settle some cases!

Hey, how about that Tricia, huh?

IAAL
 

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