Problem with Attorney

#1 07-22-2000, 07:25 PM

I was in an auto accident in l996 in CT (rear-ended by someone who fell asleep at the wheel). My attorney asked me if I wanted to settle for one amount or go for a higher amount ($4,000 more). I told him I wanted to go for the higher amount. A few months later, his office called saying the check arrived for my signature---it was the lower amount. While his legal ass't claims she couldn't explain this discrepancy to me, she said she would have him call me----he refuses to call me and it's been several months. Am I out $4,000? I believe he settled for the lesser amount bec he and his partner parted ways and he wanted to take care of lose ends before beginning his new practice....any ideas/suggestions?

I AM ALWAYS LIABLE · #2 07-22-2000, 07:58 PM

<BLOCKQUOTE>quote:<HR>Originally posted by DMC:
I was in an auto accident in l996 in CT (rear-ended by someone who fell asleep at the wheel). My attorney asked me if I wanted to settle for one amount or go for a higher amount ($4,000 more). I told him I wanted to go for the higher amount. A few months later, his office called saying the check arrived for my signature---it was the lower amount. While his legal ass't claims she couldn't explain this discrepancy to me, she said she would have him call me----he refuses to call me and it's been several months. Am I out $4,000? I believe he settled for the lesser amount bec he and his partner parted ways and he wanted to take care of lose ends before beginning his new practice....any ideas/suggestions? <HR></BLOCKQUOTE>

My response:

Yes, contact another attorney to have your file reviewed for any improprieties. If your attorney settled your claim without your express written approval, your attorney may be subject to State Bar investigation, sanctions, or worse. Your new attorney will request your file (which is yours, by the way.)

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

#3 08-06-2000, 10:02 PM

<BLOCKQUOTE>quote:<HR>Originally posted by DMC:
I was in an auto accident in l996 in CT (rear-ended by someone who fell asleep at the wheel). My attorney asked me if I wanted to settle for one amount or go for a higher amount ($4,000 more). I told him I wanted to go for the higher amount. A few months later, his office called saying the check arrived for my signature---it was the lower amount. While his legal ass't claims she couldn't explain this discrepancy to me, she said she would have him call me----he refuses to call me and it's been several months. Am I out $4,000? I believe he settled for the lesser amount bec he and his partner parted ways and he wanted to take care of lose ends before beginning his new practice....any ideas/suggestions? <HR></BLOCKQUOTE>

#4 08-06-2000, 10:08 PM

Thanks for the feedback, IAAL---I figured I'd need to hire another attorney, but was wondering about other avenues----since I've already given this one a chunk of money--I hate to hire another and have to give him/her another l/3.....this is getting expensive. If I have to, I have to, but I was hoping I could proceed in another manner. TIA

I AM ALWAYS LIABLE · #5 08-07-2000, 12:52 AM

<BLOCKQUOTE>quote:<HR>Originally posted by DMC:
Thanks for the feedback, IAAL---I figured I'd need to hire another attorney, but was wondering about other avenues----since I've already given this one a chunk of money--I hate to hire another and have to give him/her another l/3.....this is getting expensive. If I have to, I have to, but I was hoping I could proceed in another manner. TIA<HR></BLOCKQUOTE>

My response:

I don't know how you figured it, or thought, but you don't have to pay your new attorney another 1/3 of your settlement.

Your new attorney and the old attorney share from the original 1/3. That's it. For example, if Atty #1 worked 4 hours on your case, then he's entitled to "quantum meruit" a fancy latin, legal, phrase that means, "I'm entitled to be paid for the hours I actually worked, and not a percentage." So, if Atty #1 says that he's entitled to $150.00 / hr., X 4 hours, then he gets $600.00, plus costs. And that amount comes out of the original 1/3. Arty #2 would take 1/3 from the settlement, and pay off Atty #1. So, if you settle your claim, and the Attorney's fee percentage of 1/3 totals $2,000.00 (this is just an example amount), then Atty #1 is paid $600.00, plus $100.00 for costs, and Atty #2 receives $1,300.00. Your net amount, in your pocket, will always remain the same because there's never another 1/3 fee involved. I don't care if the attorney's fees get split up by 10 different attorneys, your share (or net) amount always remains the same.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."