Attorney refuses to release me as a client

[DustyR]

What is the name of your state (only U.S. law)? TExas
I have sent the attorney a letter of termination of services and I requested a copy of my complete case file and a bill of his service.
His response was I know you don't like how things are going BUT how would you like me to proceed in your case? If you would, give me a date that we can set up for the deposition. He has NOT gotten the clue.

This attorney STILL hasn't served one of the parties in the suit.
This attorney wants me to settle for about half the cost of the surgery and not have the surgery done. Policy limits are none issue as he wants me to settle at 1/12 the policy limit.
He admitted in the letter that he tried to use his office check to start financing on my surgery. His 3rd party finance companies fell through at the last minute.
I hired him over two years ago and have YET to take a deposition. Things are getting fuzzy now.
On the phone this attorney told me if I wished to seek new council, have the new council contact him and he would turn it over to them. When I have the attorney that I want to handle the case call this attorney, he tells him that he still represents me as council and wants 40% of my case. This scares off my "new" potential attorney. He just refuses to release me as his client.
This attorney is holding my case hostage.
Advise?
Dusty

 

[justalayman]

His response was I know you don't like how things are going BUT how would you like me to proceed in your case? If you would, give me a date that we can set up for the deposition. He has NOT gotten the clue.

you respond:

I would like you to proceed by sending me a copy of my file and a final bill for services rendered and owed for to date.

On the phone this attorney told me if I wished to seek new council, have the new council contact him and he would turn it over to them.

and what is the problem with that?

When I have the attorney that I want to handle the case call this attorney, he tells him that he still represents me as council and wants 40% of my case.

so, what does you contract say to his fee? Does it address the possibility you are in now in any way?




What you need is a new attorney that will explain what you are actually bound to the current attorney for. A possible problem; it sounds like the new attorneys have realized that the current attorney probably has a valid claim for enough of your settlement that it is not worth them accepting you as a client. Have you asked any of the potential attorneys what you are liable to the current attorney for? I suggest asking that of them. I get the feeling you believe you would not owe him anything. I believe you are likely incorrect.

 

[OHRoadwarrior]

It appears you have a contract obligating you to pay 40% to this attorney. You need to find another attorney, who will work for another cut of any settlement after bills and this attorney are paid. It seems you have what is called a Mexican Standoff.

 

[justalayman]

Now, don't take that as you have no recourse if the attorney is actually derelict in their representation but that would be an issue that needs to be investigated to determine if actually applicable.

 

[DustyR]

He tells me to have a new attorney call him, then when I do he tells the new attorney he still represents me. The new attorney said they can't talk much to me until he is out of the picture. See my catch 22.

I have had two other attorneys tell me that this attorney filed the suit and made several mistakes. They claimed they were somewhat costly.
This attorney has failed twice with his financial backing to get my surgery. The case is over 2 years old and he filed suit in January of 13' BUT failed to notify one of the other parties.
I talked to an attorney months ago that said it sounds like my case is a real solid one yet this attorney has been fumbling the ball for over 2 years and wants me to settle for pennies.

 

[OHRoadwarrior]

That is because a new attorney will only get a small subcontracted percentage amount.

 

[justalayman]

DustyR;3180934]He tells me to have a new attorney call him, then when I do he tells the new attorney he still represents me. The new attorney said they can't talk much to me until he is out of the picture. See my catch 22.

It sounds like they are brushing you off because it would not be worth them taking on the case given your obligations to the current attorney.

I have had two other attorneys tell me that this attorney filed the suit and made several mistakes. They claimed they were somewhat costly.

This attorney has failed twice with his financial backing to get my surgery.

it is not your attorney's obligation to front you the money for the surgery. The only reason they would likely do it is because it would benefit their pocket.

The case is over 2 years old and he filed suit in January of 13' BUT failed to notify one of the other parties.

explain: failed to notify

 

[RedemptionMan]

He tells me to have a new attorney call him, then when I do he tells the new attorney he still represents me. The new attorney said they can't talk much to me until he is out of the picture. See my catch 22.

I have had two other attorneys tell me that this attorney filed the suit and made several mistakes. They claimed they were somewhat costly.
This attorney has failed twice with his financial backing to get my surgery. The case is over 2 years old and he filed suit in January of 13' BUT failed to notify one of the other parties.
I talked to an attorney months ago that said it sounds like my case is a real solid one yet this attorney has been fumbling the ball for over 2 years and wants me to settle for pennies.

I would do like has been suggested and fire off a letter stating what fees are owed up to date. Then you can either pay him off or if you do not have the money to do so then you could possibly work a deal with another attorney for a set value. You have options that you could do which would make heat for this attorney to get rid of you asap. It sounds like he has a set amount he is looking for and wants to settle as quickly as possible thus making it hard on you to make a move to another attorney. Be forceful tell him what you want and what you will settle for. Make it clear, it really sounds like a communication problem rather than his litigation abilities. Good Luck.

and there are now sub prime finance companies offering payment plans/ financing for such procedures for lawyers. What a mess.

 

[Willlyjo]

He tells me to have a new attorney call him, then when I do he tells the new attorney he still represents me. The new attorney said they can't talk much to me until he is out of the picture. See my catch 22.

I have had two other attorneys tell me that this attorney filed the suit and made several mistakes. They claimed they were somewhat costly.
This attorney has failed twice with his financial backing to get my surgery. The case is over 2 years old and he filed suit in January of 13' BUT failed to notify one of the other parties.
I talked to an attorney months ago that said it sounds like my case is a real solid one yet this attorney has been fumbling the ball for over 2 years and wants me to settle for pennies.

You certainly have a right to fire any Attorney representing you if you don't like his services, If a Complaint has been filed on your behalf, you simply need to file a "Substitution of Attorney" with the Court and if for some reason the judge won't allow it, he'll let you know. Otherwise, your former Attorney has to leave representation of your case.

If there hasn't been any Complaints filed by your present Attorney (that you are tryiing to fire), just send him a certified letter telling him you don't need his services anymore. He will probably send you documentation of his fees due to the work he's already done on your behalf, but he cannot recover any until your case has settled. Also, his fees listed on the billing statement he sends you, might be kinda frivolous. Once you (or your new Attorney) settles your case, he can dispute the reasonableness of the bill submitted by your former Attorney.

 

[DustyR]

I asked him in the letter of termination for a bill of his services. I guess I will just send him another letter, a one liner just asking for that and nothing else. He wants me to now settle quickly after he drug his feet for over 2 years. He fired off an offer of less than half the cost of the surgery. I told him last time we met I WOULD NOT accept that. He then said take the money, buy health insurance and pay 2 months premiums and then get them to do the surgery.I was like you can't be serious! OH BUT HE WAS! It is like getting in a car wreck THEN getting full coverage auto insurance to fix the wrecked car.
I already sent him a certified letter stating I no longer need his services. That was COMPLETELY ignored.
I don't know what to do.
Say if he wants me to settle for $30,000 and my surgery is estimated at $65,000, policy limits are $500k, I would expect my shoulder injury case that warrants surgery to be worth $200,000. In that case I WOULD GLADLY pay him 40% of his $30,000 offer. That still leaves me with $185,000. Then $65,000 for surgery, that leaves 120,000, then 40% for new lawyer is $48,000 leaving me with $72,000. I think that is far considering I have been run through the ringer for 2 years and have shoulder pain that has been with me for over 2 years.

He goes through a 3rd party finance company for high dollar surgeries. He said they backed out the day before the surgery only to regain interest in the case a month later at which time I had already went back to work and was preparing for another semester of college.
Then a year LATER (2013) we give another go at it and the doctor blows me off because he doesn't think we are taking the financing seriously.
He is not going after policy limits.

 

[OHRoadwarrior]

You need to come to a settlement agreement with him for his fees. If he has an offer on the table for 1/12th of the policy limit and the policy limit is 120k, he has a vested interest in the case currently of 12k * .40 = $4800. Offer to pay him and he should release you.

 

[justalayman]

I asked him in the letter of termination for a bill of his services. I guess I will just send him another letter, a one liner just asking for that and nothing else. He wants me to now settle quickly after he drug his feet for over 2 years. He fired off an offer of less than half the cost of the surgery. I told him last time we met I WOULD NOT accept that. He then said take the money, buy health insurance and pay 2 months premiums and then get them to do the surgery.I was like you can't be serious! OH BUT HE WAS! It is like getting in a car wreck THEN getting full coverage auto insurance to fix the wrecked car.
I already sent him a certified letter stating I no longer need his services. That was COMPLETELY ignored.
I don't know what to do.
Say if he wants me to settle for $30,000 and my surgery is estimated at $65,000, policy limits are $500k, I would expect my shoulder injury case that warrants surgery to be worth $200,000. In that case I WOULD GLADLY pay him 40% of his $30,000 offer. That still leaves me with $185,000. Then $65,000 for surgery, that leaves 120,000, then 40% for new lawyer is $48,000 leaving me with $72,000. I think that is far considering I have been run through the ringer for 2 years and have shoulder pain that has been with me for over 2 years.

policy limits are $500K. Is that a guess or verified?

$200k might be reasonable, depending on all the facts but don't be surprised if you were awarded only $30k or $40k if this went to court. It is difficult to put a dependable evaluation on an injury. What some people think is worth a fortune is awarded little and vice versa.

but you are misplacing the blame with the time without treatment. It is not the at fault party;'s fault nor the attorney's fault you have not obtained medical treatment. That is on you.

The problem with all of your numbers; You will be expected to pay this attorney whether you win or lose and I suspect he expects payment at the time of terminating the contract. Unless you can come up with that estimated $12k right now, he is not likely to agree to the termination, especially if he thinks there is a chance of winning more.

as to what willy said:

of course you can "terminate" the current attorney's services. That doesn't mean his claim to being paid, including a percentage, is also terminated. You have a contract and unless you can terminate the contract for cause, then the contract is still in force, regardless of what you say or who you have send the defendant letters.

If there hasn't been any Complaints filed by your present Attorney

Complaints? Are you referring to filing the complaint in court?

I surely hope he has. If he hasn't, OP is screwed since the SOL is 2 years and it has been over 2 years since the injury.

 

[DustyR]

The $500k PL is what this attorney said.
The suit was filed already. I verified it myself and looked online. It was done. Abit crude and some things not done correctly (like notifying ALL parties). He claims after 5 months he still can't locate one of the parties named on the suit.
I figured he would just put a lien on my settlement for $12,000 since ESSENTIALLY that is what he is after being he wants me to settle for $30k and wants 40%.
How can I get medical treatment the surgery is about $65,000. I have no heath insurance. HOW IS THAT ON ME? THEY WANT THE MONEY UP FRONT! how is that on me? Let me borrow $65,000 for the surgery and I will get it done. Rolleyes

 

[OHRoadwarrior]

I'm sorry. Life is not always fair. Personally, I have lost well over a million dollars due to injuries.

 

[justalayman]

You keep mentioning the "failed to notify all parties"

what does that mean? If you mean one party has not been served, then, if the party cannot be found, how is that the attorney's fault? Do you know where he is?

I figured he would just put a lien on my settlement for $12,000 since ESSENTIALLY that is what he is after being he wants me to settle for $30k and wants 40%.

If you are buying out his contract, I doubt it. There is no guarantee you will get anything. A lien on a $0 award or settlement is worth exactly $0. A check in his hand for $12k is worth $12k.

ever hear the old saying about a bird in the hand?

well that doesn't really fit because you aren't talking about a this or that amount of money but the gist of the statement does apply. Until you catch those two birds, they are not worth anything. That lien is represented by those two birds. If never caught, just how is the attorney going to eat them?

How can I get medical treatment the surgery is about $65,000. I have no heath insurance. HOW IS THAT ON ME? THEY WANT THE MONEY UP FRONT! how is that on me?

Ok, think of it this way:


you were injured somehow. That initial injury is the fault of the party that caused the injury. That is the only think they are responsible and liable for. At what point to you suggest, since you do not believe a failure to obtain treatment is also their fault, does their responsibility and liability extend? If you never have the surgery are they liable for your pain for the rest of your life?



It is called mitigating damages. Once injured, the onus is upon the injured party to mitigate, or reduce, their damages. The pain is part of that. If you do not take action to relieve the pain, then yes, it is on you. I understand the limitations you face but you not having the ability to access medical treatment is not the injuring parties fault. That is on you.