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Page 18 of 26 |
My lawyer who I hired on a contingency based contract apparently has dropped the ball in my case. I want to hire another lawyer who is more versed in a particular type of law. Can the current lawyer still hold me to the terms of the original contract if I reach a settlement with a new lawyer? |
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Every jurisdiction has rules, and often bar committees, to deal with such issues. What the law regards as paramount is the client's right to have effective represenation from an attorney he or she is comfortable with. A secondary reason is that when clients are unhappy with a lawyer, complaints often are sent to a grievance committee, and this is regarded as bad for the image of the legal profession as a whole.
In almost every jurisdiction, the lawyer must deliver the old files to the new lawyer and take an "attorney's lien" for the fair value of the work he or she did in a contingency matter. In some states, the out-of-pocket expenses the old lawyer incurred (such as for filing fees, reports, etc.) but not reimbursed by the client -- may have to be paid to the old lawyer prior to the release of the file or material.
When the case is settled (prior to, at, or after trial), the old and new lawyer split the fees. If they cannot agree, most bar associations have panels to determine the split. |
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