Lawyer & Contingency Basis

[NeedHelp80]

What is the name of your state? CA

Can a Lawyer drop you just because they don't want to do the case anymore, if they agreed to a contingency-basis? We've already sent a letter to the defendant and have gotten a response, the lawyer keeps forgetting that we agreed to a contingency. I get the feeling that he/she is wanting out because he/she doesn't normally work for contingency basis.

If we were to win, the lawyer's cut is 40%. If I decided to go to small claims, i'd end up getting the $7500 limit which would make me lose out on $2100. Is it worth it to just do the small claims court instead of dealing with a lawyer who's half assing it?

 

[BL]

What is the name of your state? CA

Can a Lawyer drop you just because they don't want to do the case anymore, if they agreed to a contingency-basis? We've already sent a letter to the defendant and have gotten a response, the lawyer keeps forgetting that we agreed to a contingency. I get the feeling that he/she is wanting out because he/she doesn't normally work for contingency basis.

If we were to win, the lawyer's cut is 40%. If I decided to go to small claims, i'd end up getting the $7500 limit which would make me lose out on $2100. Is it worth it to just do the small claims court instead of dealing with a lawyer who's half assing it?

What makes you think the Lawyer keeps forgetting ?

You have an agreement , make sure you remind the lawyer as often as necessary , but don't become a pest .

You should however be told what's happening and any updates .

If you drop the lawyer now , odds are you will be billed for services .

How long has it been since hiring the lawyer , and what type of case ?

 

[Dandy Don]

Ask him his reasons for wanting out--maybe he thinks its a losing case. What fee does he get if he loses? Ask him what his rates are--it may be worth it to keep him but if not you can always shop for someone else. Ask him what he feels your chances honesly are, on a percentage basis, of winning your case.

 

[slade69]

Case and rule to refer too.

Review State Bar of California Rule 3-700 in reference to an attorney withdrawing from a case.

Also refer to Segal v. State Bar of California in regards to duty of attorney with regards to fees paid by clients