Does my ex-lawyer get a contgiency fee?

[USCGS2k]

Virginia- I've tried calling the Virginia Bar and my ex-lawyers firm but haven't got any response...their language is ambiguous so maybe you all have heard of another case where this happened.

The case is a wrongful death case, and I had signed a contract with a wrongful death attorney. It agreed for them to paid on a contigency basis. However, I dismissed the lawyer a week later and before they had done ANY work whatsoever, they hadn't done anything save some employment and medical record requests. They had not sent a letter to the insurance companies saying they represented me or communicated to anyone else that they represented me. I dismissed them because of my families concern and their desire to proceed without one for the time being. I told the attorney I would pay any fees for any of the work they had down up to that point, and they told me that I didn't owe them anything. I asked about the contigency but their answer was somewhat ambiguous, as they kept saying "you don't owe us for the work we've done up to this point", and not specifically saying, "if you settle with the insurance company later on, you do not owe us the contigency"

Later on I was offered a settlement by the insurance company. I have not settled with them. Is my ex-lawyer entitled to the contigency fee even though they were dismissed before any work was done? If they did, I find it ridiculous and unjust. Would those be grounds for fee dispute arbitration or some other complaint processes being filed or am I SOL?

 

[weenor]

Depends on the contract you signed and it depends whether the attorney perfected any sort of lien. Go to another local lawyer with a copy of your contingency agreement and find out.

 

[USCGS2k]

There is no mention of a perfected lien or anything, I don't even know what that is.

How in the world can they be get 33 percent of something they didn't take any action on?

 

[JETX]

Is my ex-lawyer entitled to the contigency fee even though they were dismissed before any work was done?

No, but they are entitled to compensation for whatever services they did provide at the agreed rate. Did you get those "You don't owe us" releases in writing??
If not, I STRONGLY suggest you contact the former attorney and get a WRITTEN release.

 

[USCGS2k]

No but I am in the process of getting it. I have contacted them and am about to send them a letter requesting that they state in writing that they have acknowledged their dismissal and that I owe them no money for their services. They have said that they did not do any work therefore I did not owe them anything for copies, phone calls, investigations, etc. Should I specifically state in the letter I request a release from the contigency part of the contract? I just put in the letter, "If there are no charges, I would appreciate that your letter state that I have no further financial obligations to you or your firm".

Does that suffice?

 

[Dandy Don]

You can take charge and send them a certified letter thanking them for their consultation and informing them that their services are no longer needed, and you are in effect relieving them from the case ("firing them" without calling it that). If you have received no billing from them you don't need to keep stressing about this.

Do you have a new firm representing you so that you can get a maximum settlement? If you don't you should seriously consider getting one.

 

[stephenk]

Don, what you are suggesting ignores the fact that the poster signed a retainer agreement. It is beyond the "consultation" stage. The poster was a client.

Poster, the letter you suggested you are going to write is appropriate. Just make sure to follow-up in getting the written letter back from your former attorney confirming that they are not asserting any lien for services provided to you on this claim AND that the attorney does not need to be named on any settlement check.