Seattle, WA asked in Personal Injury, Car Accidents and Legal Malpractice for Washington

Q: Can I challenge or reduce an attorney’s lien due to conflict of interest and inadequate representation?

I was rear-ended while driving, and my former attorney represented both me (the driver) and a passenger. I repeatedly raised concerns about the passenger’s fraudulent claims, but my attorney ignored them and continued representing her, creating a significant conflict of interest and a breakdown of trust.

My attorney is now asserting a 1/3 contingency fee ($8,000), which I believe is excessive given the ethical concerns and inadequate representation. I also believe her actions prioritized financial incentives over fairness and loyalty to her clients.

I am located in Washington State and would like to know if I can:

1. Challenge or reduce the attorney’s lien.

2. Address her potential breach of fiduciary duty and conflict of interest.

3. Resolve this matter fairly while ensuring accountability.

Thank you for your guidance.

2 Lawyer Answers

A: I'm so sorry to hear about your accident and your attorney's behavior. I share your concerns, as you laid them out.

The Washington State Bar Association is very good about helping clients resolve problems with their attorneys. They offer at least two types of help - one is assistance in resolving a dispute (I'm not sure what this entails - perhaps a form of mediation/conversation?) - and the other is the more serious complaint procedure: https://www.wsba.org/for-the-public/concerns-about-a-lawyer

I share your concern that it most likely was a conflict of interest for your attorney to also represent your passenger. Attorneys have a duty to avoid conflicts of interest (or even the appearance of a conflict) under the Rules of Professional Responsibility.

If I were in your shoes, I'd first put together a time line, with references to any supportive evidence, and, if I hadn't yet done so, I would make at least one attempt to resolve the matter with the attorney through a letter sent in some manner that would get a signed receipt. I'd ask for the courtesy of a reply no later than a certain date (such as 5:00 pm on a date three weeks in the future).

That way, whichever of the processes from the Bar you choose to use, you will be able to demonstrate that you made a reasonable attempt to resolve this matter with the attorney prior to reaching out to the Bar.

I hope this has been of some help to you.

Best wishes,

Merry Kogut

Key Peninsula Law

Lakebay, WA

A: A law firm would probably want to review the file in detail to advise meaningfully. You could reach out to attorneys to set up a consult - it would be helpful for attorneys to see the police report, the applicable policies, and to know more about each and every claim stemming from the accident. Good luck

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