IF a lawyer wants to be removed from record and representation , is it best to let them do that and then sue them , or is it better to have them see the matter throgh and the sue them ??
Country relating to Question: Canada
Generally, it is best to let a lawyer leave a case, especially if there is a breakdown in the lawyer-client relationship unless it would cause serious harm to your case. For instance, if trial will be soon or there is an upcoming mediation or if some other important matter is happening in your case, your case could be prejudiced if the lawyer leaves.
If you are planning to sue the lawyer, your should certainly release them before bringing a lawsuit because the relationship has broken down.
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we are at the negotiation of final settelment , no awards whatsoever , he promossed me 200k
Why does he want to be removed from the record if you are negotiating final settlement?
also he applied 15k from the retainer trust account to the general account ,he wants out to CLEAR HIS DIARY , his own words , the firm has taken a class action against government agency and he was the one assigned worth 25 million
That does not sound like a good reason to get off the record. However, if he wants off, you should probably retain a new lawyer
can he just transfer money from trust to general without consent ?
You can have his bill assessed in assessment court - a special court for reviewing lawyer's bills
no more money , that firm sucked everything out of me , 29000
Yes - if the money was for fees and disbursements and if you were sent a bill
i contacted the law society , they are furuios and will be investigating soon
i kow they cant reduce the bill
but is it better to try to force him to see the matter through
No. To get the bill reduced you will need to go to Assessment court
or just leave him , see the matter through and then reduce the bill and ultimitly sue them in small claims
I cannot tell you for sure here, because it depends on the details of your matter. You can oppose the motion if you wish. But remember, if the lawyer is not happy, it is probably best not to have him continue
what will you sue him for in small claims court?
breach of contract
but you can only win if you have damages. What damages do you have?
lost all my credit , drained all my credit cards over 50k, i was paying him 1000 a month for the past 2 1/2 years
that is damages
Damages would be harm resulting from his breach of contract
For instance, if the case did not settle simply because he breached the contract
But you would have had to pay the fees anyway, so that is not breach of contract
they promissed me a settelment in the area of 200k , they were suing my previous employer for 2 million
For the fees, you should go to Assessment Court.
you need to get certain things clear so that you can make good decisions
First, there is your lawsuit.
You need to make sure that your lawsuit survives. That means you need a new lawyer. A case that big would be very difficult for a lay person.
If you cannot pay a new lawyer, you can try opposing the motion. But if you succeed, you will have a lawyer who is upset at you working for you. This is not good
But, you must try to preserve your rights in the lawsuit
next issue is the lawyer's fees
If you paid too much money, you should have the fees assessed. There is a time limit so you should act quickly. I am not sure what it is - about 30 days
stand by while I see if I can find information about how to do this online
thanks , iam here
Here is a document that shows you how to assess your lawyer's bill. Click here.
And here is information from the Law Society of Upper Canada: Click here
I am assuming you are in Ontario. If you are in another province, the procedure may be different
So what I am trying to say is that you can fight this but you have two different issues. The first and more important one is your lawsuit against your employer. The second is the lawyer getting off the record and his bill
I have to go now. If you have further questions, post here and I will answer later. Otherwise, please click accept or else I wont get paid
Lawyer in Ontario, Canada