- Jurisdiction
- Pennsylvania
Can someone help me find a boiler plate retainer agreement for an automobile personal injury Underinsured claim??? Ideally, I would appreciate some caution as to Do's and Dont's clauses from the client perspective.
I was hit by a car riding my motorcycle in PA and my lawyer settled the case for the $15K policy limit with a plan to sue my own automobile Insurance company under the Underinsured clause. I discharged my lawyer at the conclusion of this phase because he settled the case without my authorization and then threatened a lien for his "extensive efforts" against the Underinsured case in order to pressure me into signing the $15K policy limit release. I never gave him authorization to settle but rather conceded and signed the release when he filed papers with the court to remove himself.
That said I have a new lawyer and his retainer contract seems imbalanced. This retainer provides the attorney with authorization to take any and all actions he deems advisable, necessary, and/or convenient including settlement without any indication as to my consent (i guess I'm sensitized because my previous lawyer settled without my consent arguing that he had my verbal consent...). Of course the Retainer includes the Contingency fee but also identifies my approval on all costs plus a $150 administrative fee (I might think it logical to identify a typical costs limit above which my approval is required). The retainer goes on to indicate that if I discharge him for any reason I agree to waive any hourly accounting to determine his fee but rather it dictates his fee at 33% of the pre litigation claim, 40% of litigated claim and 50% of that from a trial or arbitration. Admitted I might not be clear on the intent of this last clause but again, I'm, only looking for fair and standard.
Thanks all!
I was hit by a car riding my motorcycle in PA and my lawyer settled the case for the $15K policy limit with a plan to sue my own automobile Insurance company under the Underinsured clause. I discharged my lawyer at the conclusion of this phase because he settled the case without my authorization and then threatened a lien for his "extensive efforts" against the Underinsured case in order to pressure me into signing the $15K policy limit release. I never gave him authorization to settle but rather conceded and signed the release when he filed papers with the court to remove himself.
That said I have a new lawyer and his retainer contract seems imbalanced. This retainer provides the attorney with authorization to take any and all actions he deems advisable, necessary, and/or convenient including settlement without any indication as to my consent (i guess I'm sensitized because my previous lawyer settled without my consent arguing that he had my verbal consent...). Of course the Retainer includes the Contingency fee but also identifies my approval on all costs plus a $150 administrative fee (I might think it logical to identify a typical costs limit above which my approval is required). The retainer goes on to indicate that if I discharge him for any reason I agree to waive any hourly accounting to determine his fee but rather it dictates his fee at 33% of the pre litigation claim, 40% of litigated claim and 50% of that from a trial or arbitration. Admitted I might not be clear on the intent of this last clause but again, I'm, only looking for fair and standard.
Thanks all!