Q: FL-I fired a lawyer. I was not happy with the lawyer do I have to pay the lawyer a percentage of a ending settlement
The lawyer put a lien on me but they want to have their name added to the settlement and the insurance company is telling me that they have to put the lawyer's name on it. Even if the lawyer did not help with the ending settlement amount.
A:
A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, an attorney can assert a lien against the award in a personal injury check for their services and out-of-pocket disbursements. However, each state can handle the issue differently, governed by case law applied by respective State Bars for Professional Conduct & Ethics. You will probably need to consult with a local attorney for guidance because this will be governed by state guidelines. But as a GENERAL matter across the nation, such liens can be recognized, contingent upon establishing their merits. Good luck
Tim Akpinar
A: Typically it will depend on your contract of representation. While unpleasant, it is not uncommon for attorneys to assert a lien against a settlement even if they were fired before the case settles. In such cases, they will have to formally put you on notice of the lien and the contract will most likely dictate that their lien is against any amount offered in writing during their representation. So, if they obtained a written offer for $10,000.00 but you later settled the case for $100,000.00, the contract should specify that their lien is only against the $10,000.00 portion.
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