Q: Can I relinquish my lawyer without penalty?
In a car accident case where a lawsuit has not been filed, can I relinquish my lawyer and come to an agreed settlement amount with my insurance company myself? Is there any penalty for this if I don’t want to sue?
A: You always have a right to fire your lawyer, but there likely is a big downside for doing so in your situation. See your retainer agreement. It probably indicates that if you terminate the representation any time after the first 3 business days, you are obligated to the firm for fees incurred, and it probably indicates the firm has a lien on your recovery for its fees. So if you were to fire your lawyer and settle up with the insurer yourself, and your retainer agreement has the above-mentioned standard language, the insurer would be required to satisfy the law firm's lien, at your expense. If you have any doubts about the way your lawyer is handling the claim, seek a second opinion.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: A client has an unconditional right to fire his lawyer but the lawyer can place a charging lien on the case based on the work he has done. For example, if the insurance company has made a $50,000 offer and after that you decide to discharge him and represent yourself, the lawyer could place a lien for one third of that amount.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: Maybe no penalty, but you might still face a possible lien. Some law firms (on change of counsel) use the milestone you're talking about (filing an index number) as the trigger for a lien. While that convention may be followed between some firms, it doesn't mean that a firm that didn't file suit, but which compiled your specials, attempted negotiation, arranged no-fault, adjusted PD, etc. would not be entitled to a lien. It depends on additional details and the outgoing firm. Good luck
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