Attorney dropped me during litigation,now he put a lein

[Ccorbin]

Florida My personal injury attorney dropped me during litigation, I settled my case with Geico but there's a lein on my settlement check. It's has my name and the attorney. Can he do that. I was dropped after 2 years because he claims I was a difficult client.

 

[quincy]

Florida My personal injury attorney dropped me during litigation, I settled my case with Geico but there's a lein on my settlement check. It's has my name and the attorney. Can he do that. I was dropped after 2 years because he claims I was a difficult client.

Yes, an attorney can "drop" a client and withdraw from a case.

 

[quincy]

Here is a link to the Florida Rules of Professional Conduct:

https://www.floridabar.org/wp-content/uploads/2017/06/2017-RRTFB-Chapter-4-07-01-17.pdf

Read Rule 4-1.16, Declining or terminating representation (starting on page 65).

 

[not2cleverRed]

Was the lawyer working an a contingency basis?

What did your contract say about payment?

 

[quincy]

Most attorney contracts in personal injury cases are contingency fee agreements.

If the attorney worked for two years on a case, helping to reach a settlement with Geico, the attorney is no doubt entitled to a percentage of the amount received in the settlement.

 

[latigo]

Florida My personal injury attorney dropped me during litigation, I settled my case with Geico but there's a lein on my settlement check. It's has my name and the attorney. Can he do that. I was dropped after 2 years because he claims I was a difficult client.

Yes, attorney are entitled to what is known as a charging lien against the settlement check. (See: Sinclair et al. vs. Baucom, 428 So. 2d 1383, 1385 (Fla. 1983). And Geico is not about to ignore the lien. Otherwise it would be responsible to the attorney.

If you wish to challenge, I suggest that you call the number below for information on the Florida Bar's Fee Arbitration Program:

THE FLORIDA BAR
651 East Jefferson Street
Tallahassee, FL 32399-2300
(850) 561-5719.

 

[Ohiogal]

Yes, attorney are entitled to what is known as a charging lien against the settlement check. (See: Sinclair et al. vs. Baucom, 428 So. 2d 1383, 1385 (Fla. 1983). And Geico is not about to ignore the lien. Otherwise it would be responsible to the attorney.

If you wish to challenge, I suggest that you call the number below for information on the Florida Bar's Fee Arbitration Program:

THE FLORIDA BAR
651 East Jefferson Street
Tallahassee, FL 32399-2300
(850) 561-5719.

Yes, this. And I do NOT always agree to Latigo so if you want to make that argument, don't waste your time.

 

[quincy]

Many people are surprised to learn that they are responsible for paying an attorney who has worked on their case even after the attorney has withdrawn, been dismissed or fired from a case and even when the first attorney has been replaced by another - making the client obligated to paying two attorneys.

 

[PayrollHRGuy]

Think of it this way Ccorbin. If I hire you to come in and make widgets and you work for a week and I fire and replace you I would still have to pay you for the week you made widgets. Even if they were bad widgets that I couldn't sell.

 

[quincy]

Yes. Attorneys are like real people who are entitled to be paid for their work.

 

[PayrollHRGuy]

Yes. Attorneys are like real people who are entitled to be paid for their work.

I wouldn't go that far.

 

[quincy]

I wouldn't go that far.

Hahaha. Okay. Maybe I stretched the truth a bit.

 

[Ohiogal]

I wouldn't go that far.

Oh really?

 

[Ohiogal]

Hahaha. Okay. Maybe I stretched the truth a bit.

YO! I expected better from you, young man.

 

[quincy]

YO! I expected better from you, young man.

Oops. Sorry.