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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118175
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I currently have a lawyer on my case and I am not satisfied

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I currently have a lawyer on my case and I am not satisfied with his services I feel that he is not working hard on my defense since he is splitting the payment between him and his other lawyer friend. So far my medical expenses are 22k and he is only getting me 14k which will not help me at all. I don't want to pay out of pocket and I am scared I will end up paying out of pocket. What can I do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

As you have hired the attorney, you have a right to fire him if he is not working for you. This termination of his services would also have to be in accordance with the terms of your contract for representation with him. This means that if he has done work for your case that he has yet to be paid for, he has right to seek payment from you or from any settlement you receive and he can place a lien on any settlement or judgment you receive. If you dispute the fees and the work done, you can take him to court for the fee dispute or you can go through the state bar and seek fee dispute mediation with the attorney OR your new attorney can negotiate a settlement with him for his work done.

Unfortunately, when anyone has done work on the promise of getting paid, even if they are subsequently terminated they have right in equity to payment under the legal theory of "quantum meruit" which means "for the work done" and they have to prove exactly what work was done to receive pay.

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