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?
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?