If I hired a lawyer and he died unexpectedly, am I obligated to accept the replacement the firm has given me?

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If I hired a lawyer and he died unexpectedly, am I obligated to accept the replacement the firm has given me?

I’m suing the responsible party in an automobile accident for pain and suffering as well as damages that will not be covered by the insurance. I hired a lawyer with a lot of years of experience and a specialty for this type of work. He was to receive 30% if we won and nothing if we lost. He died unexpectedly and a family member has taken over his firm that’s not as seasoned as he is. This was obviously unexpected. Would I have to pay for the time invested already if I choose not to accept this lawyer? Can they just substitute someone in with far less experience? What are my rights?

Asked on January 31, 2012 under Accident Law, Michigan

Answers:

Gene Meltser, Esq. / BIRG & MELTSER

Answered 12 years ago | Contributor

You do NOT have to accept - you may dismiss your attorney at any time. But 1/3 is a customary fee for this type of a case

Scott Whitbeck / The Whitbeck Law Office

Answered 12 years ago | Contributor

You do not have to accept the replacement or stay with any firm or lawyer. You have an absolute right to change counsel at anytime.  Just be sure if you plan to change you have a replacement atty selected and locked in before you dump the present atty or firm.


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