Contingency basis--lawyer had done next to nothing. He did come up with a demand letter that I had to edit and correct for gross mistakes. I realize that each situation is unique. He is causing me much grief. So, should I fire him first before looking for new representation? Thanks.
How much (billable) time has the lawyer spent discussing the matter with you?
How much (billable) time has the lawyer spent reviewing documents regarding your matter?
How much (billable) time has the lawyer spent researching the law regarding your matter?
Pretty much every minute the lawyer spent working on your case is billable.
Read your agreement with your lawyer carefully. If you don't understand it, you may want to bring it to another lawyer for an explanation. I suspect there's a clause in there requiring you to pay him for the work done on the case in the event you decide to terminate the relationship. It's entirely possible that he's already spent more time on the case than he's likely to be paid for. If so, you may end up owing him more than you recover. His fee is likely capped at a percentage of the settlement. If you terminate the agreement, that cap may no longer apply.
Let's make up some numbers. Say your claim is worth $120,000. Your agreement says he gets 1/3 if settled prior to trial, and 40% if he takes it to trial. He sent a demand letter, and he's waiting for them to reply. There's a good chance they won't until they run up against the statue of limitations, when you will have to file a lawsuit if no settlement is reached.
So he's figuring on $40,000 in his fee if the case settles, or $48,000 if it goes to trial. If you read closely, you'll probably find that all costs come from your portion of the settlement. So if you need to hire an expert (almost always required for a medmal trial), that will come out of your $72,000. Let's say the doc charges $10,000 to testify.
Now, up to right now, the lawyer has already done the work to bring forth a settlement offer, so if they offer $120,000, he's entitled to his $40,000. If he bills at $400 per hour, and has spent 100 hours on it, he's already earned $40,000.
So you decide you're going to lawyer B. Lawyer B has to start over, research the case, research the laws, review your documents, and sent a demand letter to the bad doctor. Lawyer 2 takes the case to trial and gets a judgment for $120,000.
So using the numbers above, you pay lawyer 1 $40,000, you pay lawyer 2 $48,000, you pay your expert $10,000, and you end up with $12,000 in your pocket.
