MVA Other driver fault. Resulting in major back surgery etc.etc. Attorney said "great case", i was "great witness in depo" "should get max policy limits-200k" Very promising, everything is great... Drags on 6 yrs. Continuing back & neck pain-injections/RFA's (too many to count). My attorney informs me today he doesn't have $ to pay med expert fees...wants me to pay or he resigns. He wants to retire and will only try case if I fund it. Attorney/client contract was contingency. Does anyone have any suggestions on how I should proceed? Thank you.
Tell him he failed and you need to get another lawyer and he needs to release his contingency fee or make is sweet so you can get a new lawyer. You have a pure contingency fee contract, your modification of it is not in your best interest. Ask him if he has malpractice insurance if you want to be mean.
Did retainer discuss who would advance fees? If he does not want to proceed many local attorneys would be happy to take a case and hire an expert in a case with good liability and inuries. Search this site to find a good personal injury attorney with whom you can discuss your situation and retain.
Unfortunately this happens all too often. You might try to get the attorney to simply agree to stop representing you and to waive any right he has to any attorney's fees so that you can hire another attorney without the old attorney getting a part of the fees. Your attorney seems to have created a conflict of interest in his representation of you and really should withdraw and give up any claim for fees. If he does not, then you have good reason or "cause" to discharge the attorney and probably prevent any claim he may have for fees. It also sounds like the other driver's insurance company has not offered you anything and you need an experienced trial lawyer to try your case because that will be the only way to recover for your harms and losses. Try to work it out with your current lawyer so that you can break free without having to pay him any attorney's fees. If he does not agree, then you can discharge him and probably still have a good chance of preventing him from getting any fees on your case because of his conduct. Then hire a new lawyer as soon as possible. Good luck.
Hire the best trial lawyer you can find in your area and let your lawyer resign and retire! If he believed in the case he would find a way to try it, either by referring it to co-counsel or doing it on his own. You may be better served this way anyway.
Daniel Antonio ZunigaCar / Auto Accident LawyerPalm Beach Gardens, FL ·
Insist that your attorney hire the medical experts via certified letter. If he says no, you know have cause to discharge him and he would not be entitled to fees.
Your lawyer can associate trial counsel who will come in and help prepare case for trial and find what is needed or you can find a different lawyer yourself. More information is needed.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
The answer revolves around 2 competing concepts. IF the real reason the lawyer has this view is that he wants to retire and wont fund the case for financial reasons, then you simply need to try to get the lawyer to resign and get a new lawyer. HOWEVER, if that is just the reason YOU assign to the lawyers position, there remains the possibility that the REAL reason is something else like the case is view by the lawyer as a bad investment for trial. In that instance you should be wary to change lawyers as other lawyers may share the same view and find yourself with a case no one wants to handle, for the same reason your current lawyer does. I CAN tell you that I am concerned there is more to this story as it would be VERY rare for a lawyer to file suit and spend 6 years pursuing a case and then decide he is not going to pay for medical experts for trial and demands that you do. Such a position by the law is more commonly taken when the client is being unrealistic in settlement expectations, typical as a result of playing the game with the lawyers money and not thier own, and the lawyer is attempting force the client to share in the financial risk of the clients decision making. NOTHING gets a client to appreciate the risks of loss at trial better than a second mortgage on the house to fund the case (the same risk the lawyer is already taking by the way) as the decision making and risk taking becomes drastically more conservative and realistic.
You should not have to pay for your own expert if you are working under a contingency fee agreement. Speak with new attorneys and choose one with whom you feel comfortable. Please let me know if you need any further help.
Michael
If your attorney took your case on a contingency basis, then he should be responsible for paying all of your cost. If he is unwilling to pay the cost to proceed to trial in to the conclusion of your case you should find another attorney to review your file and determine whether or not they believe they can find it and represent you to the conclusion of the case. We are certainly willing to give your case a second look please feel free to contact us.
Charles Allen SchusterPersonal Injury LawyerPensacola, FL ·
Read your attorney fee contract to see if he has the right to require you to advance the costs. Most personal injury attorneys agree to advance all costs because we know the client can't afford it. However, I agree with Mr. Trschhauser that there is more here than meets the eye. A good attorney doesn't hesitate to advance costs on a good case worth $200k. If you fire him without good cause you may owe him money for his 6 years of work. If the contract says he pays the costs, tell him you want it referred to another attorney and that attorney can split the attorney fees with him. You don't want to have to pay 2 attorneys.
If
Your attorney does not have the funds, you should find another attorney who is willing to put the funds up and proceed on a contingency. It sounds like you have a good case. Find a qualified pi attorney at once.
David m Cohen esq
Florida pi attorney
teven Harry MeyerPersonal Injury LawyerBoca Raton, FL ·
Ideally, you want the lawyer to resign from the case voluntarily, or you want to terminate his representation for good cause. That makes it easier to obtain a new attorney who is willing to handle your case appropriately. Send the lawyer a letter or an email stating that under the fee contract, he is supposed to pay all costs and only seek reimbursement out of the recovery at the end of the case. If he cannot or will not do that, then you have grounds to terminate him. There are many other good lawyers in your area who handle these cases. In particular, look for someone who is board certified in civil trial law, as this indicates expertise in handling this type of case.
You may want to ask him to refer you to another lawyer. Something doesn't seem right, honestly. If he refers you to another attorney you don't have to pay double attorney fees, however, if you fire him, you may have to pay him and your new lawyer.
If you are dissatisfied with your attorney you can always discharge them and find a new one. I would suggest reading your contract for representation and going over the section regarding costs. See if the client is responsible to front trial costs. Good luck.
First, you need to review your Fee Agreement. What does it say regarding costs? Are you responsible or will the attorney advance costs? Next, you can always fire your lawyer but her/she may have claim a lien on the file. This means that the prior lawyer is entitled to the fair and reasonable amount of work he's already done on the file (quantum merit). Ideal, I would ask the lawyer to withdrawal, then which would allow you to hire a lawyer or your choice without having to pay any liens to your first lawyer.
Finally, if it's such an "open and shut" case why doesn't your previous attorney just use your treating physicians to testify as to your condition and causation. Usually, you can have a treating physician testify for a whole lot less than an expert. Either way, remember you're the client and you get to choose who you want to represent you!
