Firing a contingency-based attorney who didn't do anything

[metaguy]

What is the name of your state (only U.S. law)? California

I am an independent consultant who hired an attorney in California to assist with getting a slow-paying customer to pay for services rendered according to our contract. I hired the attorney on a contingency basis, where he would receive a percentage of the recovered money. I paid no money upfront except for the court-filing fees.

It has been 6 months and the attorney has done nothing but say he's been too busy to file my lawsuit. (Hence, the suit has still not been filed.) In the meantime, without any help from the attorney, I have been paid by the customer, though slowly, most of what they owed.

At this point, I would like to drop the case and forgo the lawsuit.

If I "fire" the attorney, are the payments I've received considered "recovered money" since he did nothing to assist in getting those payments?

[tranquility]

Of course it is. And, I bet if you don't pay the attorney, he will be more aggressive in filing suit against you.