Q: I have a slip and fall case that is dragging on. My attorney wants to back out. What should I do?
I have a case that has been filed in court, one settlement offer was declined by the other side. My attorney feels like they just cant work on it anymore. What should be my next step? I recently received a notice to report for medical evaluation by the other attorney. With my attorney backing out, do I continue to comply? Do I need a new attorney? If the case does finally settle is the old attorney entitled to any funds from the settlement? This has been going on so long, I am ready for it to end.
A: Get another attorney; the attorneys will work out any fee split. Unless you have signed a "Substitution of Attorney" form, or your attorney has been granted leave to withdraw by the court, they continue to represent you. If you are representing yourself, get an attorney right away. Ask to postpone the defense medical exam if necessary, but do not wait.
A: You either need a new attorney, or accept the existing settlement offer, if any, or dismiss the case. If you get a new attorney, and the case then settles or you get a judgment, the old attorney should not get paid for his time since he withdrew. He would get back any costs he advanced, though. Even if the old attorney got paid for his time, it doesn't cost you any extra. The old attorney and the new split the fee based upon the value of the work provided.
A:
Good questions regrading attorney lien of past attorney, please discuss that with the attorney, other attorneys are less likely to help or take the case with an attonrey lien.
These are difficult cases, usually need to be prepared for court, did you pay fees for costs or is this only a contingency fees. Feel free to call other attorneys, consults are free, I have many questions, regarding how it happened and total medical bills and injuries.
A:
if your attorney wants to back out you need another lawyer.
since he is quiting he will NOT have a lien for his time or costs.
Slip and Fall cases are challenging to win and he probably feels there is not enough going for your case.
he might believe liability is bad or there are not enough damages.
A:
sounds like your lawyer is having a hard time. That does not mean s/he has done anything wrong.
an independent med exam is common. The defense wants one of their "defense doctors" to say your problems are not from this case or you treated to long,
they try to find an excuse to not pay you or pay you less than you want.
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