Does a lawyer who dropped my case have any right to my settlememt?

[susandemchesen]

What is the name of your state (only U.S. law)? California.
I was rear ended, totaling both cars and I'm still in a lot of pain. My initial lawyer dropped my case after a year following correspondence received from the auto insurance co that they will not settle for more than $6000. The lawyer claimed that Mercury would rather pay out $50g for expert witnesses than to pay me the $25g amount of the other driver's policy. She then told me that the case was not worth it to her so I should find another lawyer and she doesn't plan on charging me. The current law firm sent me a breakdown of the settlement; I contacted them and they informed me that the previous lawyer is demanding half of their settlement portion + charging an additional $633 to be deducted from my portion that she claims is for her expenses incurred. Does the first lawyer have any right to any portion of my settlement or to charge me for expenses considering all she did was hinder my case?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California.
I was rear ended, totaling both cars and I'm still in a lot of pain. My initial lawyer dropped my case after a year following correspondence received from the auto insurance co that they will not settle for more than $6000. The lawyer claimed that Mercury would rather pay out $50g for expert witnesses than to pay me the $25g amount of the other driver's policy. She then told me that the case was not worth it to her so I should find another lawyer and she doesn't plan on charging me. The current law firm sent me a breakdown of the settlement; I contacted them and they informed me that the previous lawyer is demanding half of their settlement portion + charging an additional $633 to be deducted from my portion that she claims is for her expenses incurred. Does the first lawyer have any right to any portion of my settlement or to charge me for expenses considering all she did was hinder my case?

She very well may be entitled. Get out your fee agreement and read it.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California.
I was rear ended, totaling both cars and I'm still in a lot of pain. My initial lawyer dropped my case after a year following correspondence received from the auto insurance co that they will not settle for more than $6000. The lawyer claimed that Mercury would rather pay out $50g for expert witnesses than to pay me the $25g amount of the other driver's policy. She then told me that the case was not worth it to her so I should find another lawyer and she doesn't plan on charging me. The current law firm sent me a breakdown of the settlement; I contacted them and they informed me that the previous lawyer is demanding half of their settlement portion + charging an additional $633 to be deducted from my portion that she claims is for her expenses incurred. Does the first lawyer have any right to any portion of my settlement or to charge me for expenses considering all she did was hinder my case?

She very well may be entitled. Get out your fee agreement and read it.

Did the INITIAL law firm waive their fees IN WRITING? If not, they may be entitled to the cost of the work they did on your behalf for that year before they dropped you as a client. As OG has suggested, read over the fee agreement you signed with the first law firm and see what it says.

 

[Ohiogal]

Did the INITIAL law firm waive their fees IN WRITING? If not, they may be entitled to the cost of the work they did on your behalf for that year before they dropped you as a client. As OG has suggested, read over the fee agreement you signed with the first law firm and see what it says.

And I agree with you Sandyclaus in addition to what I stated. The law firm is entitled to a percentage of the fees normally for the work they did.

 

[latigo]

And I agree with you Sandyclaus in addition to what I stated. The law firm is entitled to a percentage of the fees normally for the work they did.

With all due respect, why would you be in agreement with someone that has obvious never heard of much less understands the equitable principle of "estoppel in pais"?

The first lawyer dropped the case telling the OP that she would not be billing him! The OP in turn engages another law firm!

What pray tell is missing in the scenario to deny the first lawyer’s claim for services rendered?

 

[Ohiogal]

With all due respect, why would you be in agreement with someone that has obvious never heard of much less understands the equitable principle of "estoppel in pais"?

The first lawyer dropped the case telling the OP that she would not be billing him! The OP in turn engages another law firm!

What pray tell is missing in the scenario to deny the first lawyer’s claim for services rendered?

I missed the sentence where the lawyer said she would NOT be billing him.

 

[sandyclaus]

I missed the sentence where the lawyer said she would NOT be billing him.

"If it ain't in writing, it never happened."

I'm missing where the first attorney stated, IN WRITING, that they wouldn't be charging for the work they did before they dropped the case. We have only OP's claim that the attorney said it.

If the attorney intended to waive their fees, they would have put that in writing, right? What attorney works on a case for a whole year and then says they did all that work for free? Unless, of course, they took the case on contingency (no win, no fee), in which case the fee agreement should cover that.

I'm still waiting to hear what the terms of that fee agreement were.

 

[latigo]

"If it ain't in writing, it never happened."

I'm missing where the first attorney stated, IN WRITING, that they wouldn't be charging for the work they did before they dropped the case. We have only OP's claim that the attorney said it.

If the attorney intended to waive their fees, they would have put that in writing, right? What attorney works on a case for a whole year and then says they did all that work for free? Unless, of course, they took the case on contingency (no win, no fee), in which case the fee agreement should cover that.

I'm still waiting to hear what the terms of that fee agreement were.

Perhaps OG might wish to explain to you that the doctrine of "estoppel in pais" (a/k/a "equitable estoppel" a/k/a "promissory estoppel") PRESUPPOSES THE EXISTENCE OF AN OTHERWISE ENFORCEABLE CONTRACT OR LEGAL CLAIM!

 

[susandemchesen]

It was casual

"If it ain't in writing, it never happened."

I'm missing where the first attorney stated, IN WRITING, that they wouldn't be charging for the work they did before they dropped the case. We have only OP's claim that the attorney said it.

If the attorney intended to waive their fees, they would have put that in writing, right? What attorney works on a case for a whole year and then says they did all that work for free? Unless, of course, they took the case on contingency (no win, no fee), in which case the fee agreement should cover that.

I'm still waiting to hear what the terms of that fee agreement were.

The case had been taken on contingency. She gave me my file and I can see how little work she had invested in my case. There were a couple of request letters and a couple of notes written on pages + all the copies of all my medical records since the accident from all of the different doctors I had seen. I had tried to document the pain and levels of my pain plus anything else that I could since the accident but she had no desire to see them or even make copies for my file.

The lawyer had been very casual regarding the handling of my case because her and my boyfriend had known each other for 10+ years. I remember that she had even asked about his parents. Btw, he is no longer talking to her and wanted to file a complaint against her. But, also... She had left it up to me to find doctors and physical therapy and she got upset with me when I missed a couple of my appointments. She didn't seem to care at all that I had no mode of transportation or that I was experiencing crazy anxiety with regard to traveling in a car. For every single one of my appointments I arrived with a puffy, tear stained face. Riding in a car elevated my blood pressure and increased my heart rate so that I felt I was going to suffer a heart attack at any moment. And it appeared as though every car was literally coming right at us. I would get mad at my bf and accuse him of purposely driving too close to other cars, I'm still experiencing it and so I rarely if ever leave the house. It was an absolute nightmare to attend my physical therapy appts where all they did was apply heat and sometimes the electrical stimulating (tens) device. I believe she had other cases that she was giving more attention to because it was obvious that I wasn't going to give her a hard time about anything. Also, during that appt when she dropped my case, she had said that her other client spent a month in the hospital and has bulging disks that were 8mm, much bigger than mine. She even advised me to find another lawyer or go to small claims court. I think the reason she had told me she wouldn't be charging me is because, actually.... there wasn't much that she had done.
To add insult to injury she asked me to come into her office so that she could tell me in person that she was dropping my case. She said that she thought it was more considerate to do so but I thought it was a horrible, inconsiderate request.... imagine someone as fearful as I am to be in a car, being requested to drive through downtown LA during rush hour traffic just prior to the 4th of July,.

 

[ecmst12]

None of that matters. The only thing that matters is the contract with the lawyer.

 

[Lawbook]

Yes, It depend on the agreement with the lawyer.

 

[quincy]

What is the name of your state (only U.S. law)? California.
... My initial lawyer dropped my case after a year following correspondence received from the auto insurance co that they will not settle for more than $6000. ... Does the first lawyer have any right to any portion of my settlement or to charge me for expenses considering all she did was hinder my case?

Did your original lawyer work to get the auto insurance company up to the $6000 settlement amount from a lower offered amount, and did you turn this down? If so, what was the final settlement figure with your second lawyer? Was it also $6000?

Whether your first lawyer is entitled to any portion of the settlement amount depends on the exact wording of the contingency agreement but could also depend on other factors.