Does my former lawyer have the right to receive a percentage and a fee of a settlement that I myself negotiate with an adjuster after I drop them?
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Does my former lawyer have the right to receive a percentage and a fee of a settlement that I myself negotiate with an adjuster after I drop them?
Hi I hired a lawyer for a car accident I was in with FedEx this was the second lawyer I had on this case and I dropped them because they did nothing they promised me and tried to get me to settle on an amount that was less than when I delt with the adjuster on my own. Now I am being informed that not only does my former attorney want to be paid for their so called service but they want an actual percentage of what I negotiate with the FedEx adjuster plus an advancement. Is this right? I undertstand I have to pay them for the time they claim they spent but should they really get a percentage of an amount I myslef negotiate on my own behalf.
Asked on May 2, 2012 under Accident Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I presume that you and your former attorney has a written fee agreement with respect to the legal services that were provided you before he or she ceased representing you. If so and under the laws of all state sin this country, even though you negotiated the final settlement with the adjuster concerning your personal injury matter, the attorney who did some semblance of work for you presumably is entitled under the law to be compensated for the fair market value of the legal services that were performed.
The attorney may not be entitled to the full amount stated under the presumed contingency fee agreement, but he or she is entitled to some amount for services rendered under the law.
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