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My family and I hired a lawyer for a medical malpractice suit. Our lawsuit included a hospital and two doctors. The hospital settled with us. We did lose our suit with the doctors, and as a result our attorney had what looked like a nervous breakdown. He is better now, somewhat, but our settlement still needs to be signed and submited, which he has not done. We feel we are being held hostage by this attorney. I believe this subject is time sensitive. He has not returned our phone calls or our repeated emails. We just want to get this matter taken care of, so we can get this man out of our lives. My sister tried to contact the hospitals attorney for a copy of the agreement, but the lawyer refuses to speak with her. Can we get another lawyer to follow up? We still plan on paying our original lawyer what is owed to him. By the way, is it proper for a lawyer to tell his clients husband to F off? Please let me know if you need more details. Thank you. Jill

Submitted: 187 days and 23 hours ago.

Category: Legal

Value: $30

Status: AWAITING CUSTOMER ACTION

California

Already Tried:
Getting a hold of our lawyer has been difficult. We have tried getting a hold of the opposing attorney, but she won't speak to us.

Posted by DCrane 187 days and 23 hours ago.

Answer

It sounds like your attorney is acting unethically (e.g. F off). You can get another attorney but you will have to first terminate your relationship with your current attorney. You also have grounds to report your current attorney to the local bar citing unethical conduct.

187 days and 23 hours ago.

Reply

Thanks for the information. If we terminate one attorney and hire another, what would be our monetary obligation to the current attorney. He worked on contingency, and I believe his fee is 40% of the settlement.

Posted by DCrane 187 days and 23 hours ago.

Answer

the current attorney would bill you at an hourly rate for the services rendered thus far. CAUTION: the total due could exceed what would otherwise be due if paid on a percentage.

187 days and 22 hours ago.

Reply

His contract with us states that we would only pay him if we settled with each party. There was no mention of an hourly rate. Besides, we gave him a $2,000.00 personal loan, it was not an advance, it was a loan. We have every intention of giving him his 40% of the settlement. Could he really bill us an hourly rate, especially since I don't think he has kept any records of our conversations, or phone calls that he made, and as far as the out of pocket expenses, ie depositions, court fees, etc, we have paid that ourselves. He was not an organized lawyer. Thanks.

Accepted Answer

What he can bill for is really determined by the retainer agreement. If you had to loan your attorney money there is a chance the retainer agreement was poorly drafted. Rather than be quick to give him the 40%, fire him and get another attorney and explain to the new attorney that the old attorney does not have any safeguard in place to collect on the representation. Be sure to provide the new attorney with a copy of the retainer.

Accepts:
Expert:	DCrane
Pos. Feedback:	98.7 %
Answered:	5/18/2009

Attorney

Negotiate, Draft, and Review many complex commercial agreements each year.

187 days and 22 hours ago.

Reply

Thank you, you have a big help!

Posted by DCrane 187 days and 19 hours ago.

Answer

Not a problem. Thank you.

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California Already Tried: Getting a hold of our lawyer has been difficult. We have tried getting a hold of the opposing attorney, but she won't speak to us.

Answer

It sounds like your attorney is acting unethically (e.g. F off). You can get another attorney but you will have to first terminate your relationship with your current attorney. You also have grounds to report your current attorney to the local bar citing unethical conduct.

Reply

Thanks for the information. If we terminate one attorney and hire another, what would be our monetary obligation to the current attorney. He worked on contingency, and I believe his fee is 40% of the settlement.

Answer

the current attorney would bill you at an hourly rate for the services rendered thus far. CAUTION: the total due could exceed what would otherwise be due if paid on a percentage.

Reply

Accepted Answer

Reply

Thank you, you have a big help!

Answer

Not a problem. Thank you.

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California

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Getting a hold of our lawyer has been difficult. We have tried getting a hold of the opposing attorney, but she won't speak to us.