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Old 12-10-2008, 07:04 PM
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All I wanted to do was terminate the attorney that I have no contract with.


What is the name of your state (only U.S. law)? Michigan
I had a TBI in 1988(with continuing medical issues). A yr or so later I signed with a law firm, that in my opinion, only wanted to settle right from the start. There was a disappointing settlement and as time went on, a second law firm was sought. As time went on the attorney I was dealing with brought in another attorney more and more till the 2nd attorney was the main attorney handling my case.
This went on for some time till there was a second settlement. There were more continuing issues that the law firm was handling and at the time was receiving 1/3 of the family attendant care payments. For the most part, any issues that arose, the law firm handled them and the 1/3 they were receiving took care of their time spent. At some point, the second attorney that was handling most all the issues with the insurance company, left the law firm I signed with and somehow, without my knowledge, the second attorney took my file/case with him.
This was something that I didn't figured out for some time. When he started to do things that began to hinder my situation, I wrote him, terminating his representing me, along with a cc letter to the insurance Co.. All went well until he sent me a form to sign that spelled out that I could not sue him for any prior actions. This form didn't include his inability to sue me, so it was not signed.
I never signed with that second attorney and he has yet to provide any contract signed with him. I hired another attorney to finish this, but his approach was to not just fire him, but to go for more. Going to the MI Grievance Board with just partial information, simply gave the first round to the old attorney.
I try to contact the new attorney with emails and letters and I no longer get responses. The old attorney offered to go away for for tens and tens of thousands of dollars. the new attorney suggested, at the beginning of all this that going to trial (tens of thousands of dollars to get ready for trial) may be the way to go. This was after saying that this was a "sure thing".
All I wanted to do was terminate the attorney that I have no contract with.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
  #2  
Old 12-10-2008, 09:27 PM
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Does your original contract with the first attorney say anything about representation by the firm?

Generally, when you are represented by an attorney who is part of a firm, that firm is, to some degree, collectively responsible for your representation. The exact nature of such collective responsibility depends upon the state you are in. Because of this, many contracts for representation with an attorney who is part of a firm will include language that the case may be, at times, handled by other attorneys in the firm as required. I recommend going to the Michigan State Bar's website and looking at their code of professional responsibility.

If the second attorney left, the firm (and the first attorney) may still represent you.

You need to take a close look at your contract.
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