Attorney REFUSES to release me as a client.

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DrDusty86

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My Attorney flat out refuses to release me after a termination letter I had sent to him certified mail. NOW, he seems to be in a rush to get things done. This accident/shoulder injury/ suit has turned into a nightmare. He has run off 1 potential attorney "his replacement" by telling him that he still represents me and he has a 40% vested interest in the case.. He wants me to take an offer of less than half of the cost of the surgery. The surgery can't proceed because the doctor got tired of the attorney's wishy washy finance company that was going to cover the cost of the surgery.
Anyone ever have anything like this happen before?
Dusty
 
Originally Posted By: DrDusty86
He wants me to take an offer of less than half of the cost of the surgery.


Is it half the surgery cost before or after lawyer fees??
 
Gabe, he claims it would be money in my pocket. The way he said it, it would be after his fees and prior medical balances. He wants me to settle for less than $35,000 and the medical with my surgery costs is about $65,000.
CAAP said that my wishes are not at all unreasonable based on my case. I will forward this letter from my attorney to CAAP Monday morning. They would love to see this
 
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I sent him a termination letter for his services and he mailed me a letter stating he got the letter and stated that he will keep an active interest in my case and will continue to represent me until I seek new council, then he runs the new council off and in the letter he asks me how I want him to proceed in the next steps with my case..IE mediation etc...
Is that legal? Can he do that? I Can't get another attorney to even advise me about the termination while this clown continues to "claim me" as a client.
 
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If working on contingency, then, yes, possibly.

It's like a movie star making it big then they want to fire their agent that "made them".

I'd talk it over with your new lawyer. Bring the contracts with your old lawyer.
 
Yes it is a contingency. So you are saying it is Illegal? This guy wants me to settle on an unreasonable amount based on my injuries.
Talk it over with my new lawyer? How do you suppose I get a new attorney? THAT IS the problem.
yucca,
He will not disclose that to me. I requested that in my letter of termination.
 
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http://www.avvo.com/legal-guides/ugc/how-to-fire-a-contingent-fee-lawyer-youve-already-hired

And pay attention to the following:

But you don't want to be getting legal opinions -- especially about something like firing your contingent fee lawyer -- from someone who's not a lawyer. In the first place, they probably don't know what they're talking about. In the second place, to get a second opinion, you're going to have to share confidential, sensitive information -- like what your existing contingent fee lawyer has TOLD YOU and WRITTEN TO YOU. If you share that with ANOTHER LAWYER, then it can still be protected by attorney-client privilege. If, instead, you share it with Uncle Bud or Bertha at the office, you may have waived attorney-client privilege forever.

Every written communication I've had with my lawyers stated right in bold letters, "CONFIDENTIAL. DO NOT DISCUSS WITH ANYONE." or words to that effect.

You could read this too:
http://law.freeadvice.com/general_practice/general_practice/firing_lawyer.htm
 
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Originally Posted By: DrDusty86
My Attorney flat out refuses to release me after a termination letter I had sent to him certified mail. NOW, he seems to be in a rush to get things done. This accident/shoulder injury/ suit has turned into a nightmare. He has run off 1 potential attorney "his replacement" by telling him that he still represents me and he has a 40% vested interest in the case.. He wants me to take an offer of less than half of the cost of the surgery. The surgery can't proceed because the doctor got tired of the attorney's wishy washy finance company that was going to cover the cost of the surgery.
Anyone ever have anything like this happen before?
Dusty


He won't release you as he sees a potential settlement and some $$ for him. A new attorney may not want to share the legal portion of the settlement. You must have signed some papers.

PM me and maybe I can ask some questions for you. My GF is an asst. attorney general.
 
Aren't you the guy that proudly brags about blowing thick black diesel smoke on Prius drivers for fun, maybe Karma has finally found you? Just sayin.
 
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Yeah that's a little mean. I wouldn't wish our ineffective, marginalized, and blame-happy health care funding system on anyone.
frown.gif
 
Originally Posted By: threeputtpar
Aren't you the guy that proudly brags about blowing thick black diesel smoke on Prius drivers for fun, maybe Karma has finally found you? Just sayin.


That, and promising to run over any foil can vehicles that gets in his way of his big truck.

But, he's been in pain for years, so even he deserves to have a decent lawyer who is willing to do what he wants done. I suffered through a bad lawyer experience back when I was 24, and I wouldn't even wish it on Dusty.

Honestly, Dusty, you really should just get the surgery done, and then include the cost of it, and any delinquency payments in your lawsuit. Heck, open a CareCredit account, and use them as the financing. No interest if you get it paid back within the term limits.

BC.
 
Originally Posted By: threeputtpar
Aren't you the guy that proudly brags about blowing thick black diesel smoke on Prius drivers for fun, maybe Karma has finally found you? Just sayin.


That was your 666th post!
 
Originally Posted By: threeputtpar
Aren't you the guy that proudly brags about blowing thick black diesel smoke on Prius drivers for fun, maybe Karma has finally found you? Just sayin.


Like attracts like.
 
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