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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 764
Experience:  Attorney at Drake Law Firm PLC
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I have an attorney screwing me over on my small case he gets

Customer Question

I have an attorney screwing me over on my small case he gets $6000 I get 1500 and now he's threatening to put a lien on my case is there any way I can settle with the other side and drop the case with him ?
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: Has anything been filed or reported?
Customer: He said he has gotten 2 offers and this is the second offer I'm sure he has reported. But here's the weirdest thing the company has ask me to come back and work for them which I wouldn't do but why is that ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to stop him in his tracks now before it's too late
Submitted: 4 months ago.
Category: Legal
Expert:  DrakeLAW replied 4 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 4 months ago.

Whether you can settle on your own and drop him will depend on what your fee agreement says. I would be very careful about doing that if he has done work to get to the settlement.

What is the fee arrangement, contingency? Hourly? That does seem like quite a strange and unfair share.

Customer: replied 4 months ago.
No it's not hourly I think it's contingency he said he worked hard for that settlement and I'd rather drop the case and neither one of us get anything.
Expert:  DrakeLAW replied 4 months ago.

Ok, then I do not believe that is a valid contingency split. Please check what your fee agreement says so that I can help you. I need to know what the percentages state. There are strict requirements for these.

Customer: replied 4 months ago.
I will get the agreement and ask for it again and look at it and send it over to you how do I contact you again ?
Customer: replied 4 months ago.
He's calling tomorrow with his senior attorney on line so this will be a 3 way call to tell me they are putting a lien on my case and anything else they want to try to do with their slick tricks. Why does he need his senior attorney on the phone with him talking to me ? I smell something being plotted here I doesn't sit right with me.
Expert:  DrakeLAW replied 4 months ago.

Just come back to here and attach it using the paper clip icon. Please black out your name and all identifying information before you attach it. Oh just a move attorneys do for some reason..perhaps to seem more persuasive.

Customer: replied 4 months ago.
By the way I believe he has signed off on the check because he said he had a check for me for $1500 but I didn't give him permission to accept or sign off and I didn't sign off on that check .
Expert:  DrakeLAW replied 4 months ago.

Ok. It sounds like they received a check into their trust account. But I assume a settlement agreement would have to have been signed and you would have had to give permission for that.

Do not accept the check yet and get the fee agreement and ask them if they settled the matter and if there is a settlement agreement. Then lets pick up from there. Ok?

Please kindly rate the question so I may be credited. Thank you. You can still ask follow-up questions.