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Wrongful Lawyer

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jenniesgirl

Junior Member
What is the name of your state (only U.S. law)? California.
I hired a lawyer about 2 years ago, I was in a car Accident at the time of my accident I informed my lawyer that my insurance was in lapsed. Now 2 years later we are trying to settle and I was informed by the defendant lawyer that my insurance was cancle and my lawyer didn't know that so now I have to settle for less so I fired him.Now heres my Qustion at the time I fired my lawyer the offer the defendant offer me I decied to accept and split it with my lawyer. Then a month later the defendant lawyer called me to inform me that the offer was a bit more, now my lawyer has put a lein on my settlement because he said that I have to split the new offer with him, even though I fired him before I was offered more . Do I have to split the new offer or is he only intitled to the split of the first offer.
 


latigo

Senior Member
So, your argument is that the attorney is not entitled to a percentage fee of the settlement proposal simply because you decided to discharge him before the pending offer was tendered.

Well that makes about as much sense as being able to cut him out of a verdict awarding you damages by firing him after the jury goes into deliberation.

It isn't going to fly nor will your dreamed up excuse for dumping the lawyer get off of the ground.

Because the only consequence of your not being covered by liability insurance at the time of the accident is that you would not be entitled to recover from the defendant non-economic loss such as pain and suffering, disfigurement and other non-pecuniary damages. (California CCP Section 3333.4)

It is an admitted fact that you were not in compliance with the California Vehicle Code but it has nothing whatsoever to do with the professional conduct of your attorney.

So I suggest that you don't pre-spend his share of the settlement check.
 

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