Do I have to pay a lawyer who quit?

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rwebber

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Hi, I live in NY.

Last summer I slipped and fell in a grocery store. Someone I know said "get a lawyer right away". I did and had no idea why.

Well, after all the tests were done, it wound up I was not hurt and only had some bruising. But the lawyer had taken the case ahead of time and I signed a contingency agreement for him to get 1/3.

Like I said, this happened in July of 2005, last summer. Today being March of 2006 I called him to see when the case would be settled and asked why it has taken so long. He went into an angry tirade and closed with "get yourself another lawyer and come pick up your file." He had my email address from when I hired him and quickly sent me an email telling me he no longer represented me. I was shocked! He has not once during this entire time sent me any copies of anything as proof he has even been in touch with the grocery store. NOTHING. I think I have been very patient. My guess is that he put this on the back burner because he found out there were no injuries and he had taken the case becuase it was a big grocery chain and probably thought there would be alot of mone in it.

He also sent me a second email telling me he was going to put a lien on any future settlement I make with the grocery store for "time" he put in on the case. Muttered something about in the contingency agreement there was a clause that if he and I go our separate ways, he is entitled to be paid for his time.

That is fine, but he is the one who quit the case!!!! And has left me now with no lawyer.

Do I still have to pay him "for his time" even though I have no evidence that he did anything since he never sent me copies of anything? How about if I settle with the grocery store adjuster on my own? Do I still have to pay the lawyer for "his time". Would settling with the adjuster myself constitute a settlement he could put a lien on?

Is this fair? He strung me along, quit and now wants to be paid. I know this all sounds ludicrous but it is 100 per cent true. I am not leaving anything out!

Please help!
 
rwebber said:
Hi, I live in NY.

Last summer I slipped and fell in a grocery store. Someone I know said "get a lawyer right away". I did and had no idea why.

Well, after all the tests were done, it wound up I was not hurt and only had some bruising. But the lawyer had taken the case ahead of time and I signed a contingency agreement for him to get 1/3.

Like I said, this happened in July of 2005, last summer. Today being March of 2006 I called him to see when the case would be settled and asked why it has taken so long. He went into an angry tirade and closed with "get yourself another lawyer and come pick up your file." He had my email address from when I hired him and quickly sent me an email telling me he no longer represented me. I was shocked! He has not once during this entire time sent me any copies of anything as proof he has even been in touch with the grocery store. NOTHING. I think I have been very patient. My guess is that he put this on the back burner because he found out there were no injuries and he had taken the case becuase it was a big grocery chain and probably thought there would be alot of mone in it.

He also sent me a second email telling me he was going to put a lien on any future settlement I make with the grocery store for "time" he put in on the case. Muttered something about in the contingency agreement there was a clause that if he and I go our separate ways, he is entitled to be paid for his time.

That is fine, but he is the one who quit the case!!!! And has left me now with no lawyer.

Do I still have to pay him "for his time" even though I have no evidence that he did anything since he never sent me copies of anything? How about if I settle with the grocery store adjuster on my own? Do I still have to pay the lawyer for "his time". Would settling with the adjuster myself constitute a settlement he could put a lien on?

Is this fair? He strung me along, quit and now wants to be paid. I know this all sounds ludicrous but it is 100 per cent true. I am not leaving anything out!

Please help!
Well, it sounds like this case is really going nowhere -- which should be a relief to you!

Unfortunately the moment someone slips and falls these days, many times the first thing people say isn't to find a doctor -- it's find a lawyer. It's somewhat sad that many want to financially exploit a minor situation. Now it is possible that at the time there was a clear instance of negligence and you didn't know whether you were seriously hurt.

This lawyer seems to be very zealous and may have been "disappointed" that your tests came back indicating that you had very minimal damages. Is this the case? Are you merely getting compensated for out of pocket injuries and perhaps a very small token?

The attorney is asking to be paid for his time that he put into starting the case. Did he even file a case? If there is a settlement, I don't think it will be large or even any concern of the attorney if it basically covers your injuries. But if you do get a larger than expected settlement he will ask for a portion -- and will likely not get what he is threatening. It sounds more like frustration to me and that there is not much in "the pot" at the end of the day. If the case wasn't even filed than I wonder whether there are any negotiations. If you're fine, what are you expecting to receive?

Glad to hear you are healthy and not hurt...
 
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