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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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HI, I AM ON DISABILITY RIGHT NOW RECEIVING ONLY SS DISABILITY

Resolved Question:

HI, I AM ON DISABILITY RIGHT NOW RECEIVING ONLY SS DISABILITY BECAUSE MY
INSURANCE COMPANY HAD TERMINATED PAYMENT LIKE A YEAR AGE SAYING I WAS NOT ELIGIBLE ANY MORE SO I HIRED A LAWYER 10 MONTHS AGO TO SUE THE INSURANCE COMPANY FOR WRONGFULLY TERMINATING ME. OF COURSE I HAD TO SIGN A CONTRACT WITH THE LAWYER TO GIVE HIM THE AUTHORITY TO SUE THE COMPANY ON MY BEHALF.
HE SUBMITTED THE SECOND APPEAL FOR THE INSURANCE COMPANY AND IT WAS REJECTED A WEEK AGO, NOW MY HEALTH SITUATION GOT BETTER ENOUGH TO ENABLE ME TO GET BACK TO WORK, BUT WHEN I EXPLAINED TO THE LAWYER MY INTENTION NOT
TO CONTINUE WITH THE CASE TO THE SINCE I AM NOT DISABLE ANY MORE, HE THREATENED TO SUE ME FOR THE FEES AND CONTINGENCY FOR THE WORK HE HAS DONE SAYING THAT I HAVE SIGNED ON THE CONDITION THAT SAYS IF I WERE TO TERMINATE HIS REPRESENTATION TO ME THEN I HAVE TO PAY FOR HIS FEES AND CONTINGENCY FEES, EVEN THOUGH THE APPEAL HE SUBMITTED WAS REJECTED.SO WHAT SHOULD I DO NOW TO GET BACK TO WORK AND GET OUT OF THIS TR
Submitted: 7 years ago.
Category: Legal
Expert:  Brandon M. replied 7 years ago.
Hi there:

which state is this occuring in?
Customer: replied 7 years ago.
maryland
Expert:  Brandon M. replied 7 years ago.
You have had two appeals rejected; what does your attorney claim that the next step is?
Customer: replied 7 years ago.
THE ATTORNEY CLAIMS THAT HE SHOULD TAKE THE INSURANCE COMPANY TO THE COURT, WHICH IN AVARAGE TAKES 2-3 YEARS DURING WHICH I WILL NOT BE ABLE TO SURVIVE ON SOCIAL SECURITY DISABILITY INCOME ONLY AND IN THE MEAN TIME I WILL NOT BE ABLE TO GET BACK TO WORK SINCE THE THREATENED TO SUE ME FOR CONTINGENCY FEES AND OTHER CHARGES THAT HE SAID COULD BE $350/HOUR.
Expert:  Brandon M. replied 7 years ago.
Last question(s):

(1) did the written contract say anything about his right to recover fees or costs in the event that you did not pursue the case? (2) was his threat in writing?
Customer: replied 7 years ago.
ANSWER TO THE SECOND QUESTION IS NO. IT WAS ONLY ON ATELEPHONE CONERSATION. ANSWER TO THE FIRST QUESTION IS AS FOLLOWS I AM GONNA QUOTE TO YOU THE EXACT STATEMENT IN THE CONTRACT THAT I HAVE SIGNED ON " IN THE EVENT I DISCHARGE THE LAW FIRM BEFORE A RESOLUTION OF MY CLAIM IS ACHIEVED, THEN THE LAW FIRM SHALL BE ENTITLED TO COMPENSATION FOR SERVICES RENERED ON MY BEHALF ON A QUANTUM MERUITS BASIS($350/H)
OR ANY CONTINGENT FEE REALIZED AS A RESULT OF REPRESENTATION RENDERED WHEATHER SETTLEMENT ACCEPTED BY CLIENT OR NOT .
Expert:  Brandon M. replied 7 years ago.
Hi again:

there are two things going on here. First of all, there is the lawyer's threat; this threat is technically criminal extortion. There may not be enough evidence to prove beyond a reasonable doubt that it happened, but there is usually no harm in letting the attorney know that you do not appreciate it, and neither would the state bar. Secondly is the contract; it's not uncommon for an attorney to have a clause of that nature in the contract, but you should realize that just because the nature of your case has changed, that does not mean that you have to discontinue the suit. I would seriously consider going back to work as planned, but not dropping the suit. If going back to work ruins your case, it's your attorney's loss, not yours. He should know that even if you wanted to continue the case, you have a duty to mitigate your damages, which means returning to work.

Let me know if we need to discuss this further, and please remember to click "accept". Thank you.
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