Another Law Suit ?!

I just settled (Not really, as I am unable to deposit the settlement checks yet.) the auto rear-ended personal injury law suit and I am exhausted. Will I have to deal with another litigation engendered from the one just settled???

I retained an attorney for my personal injury case in CA. The attorney is not a trial attorney which I did not know until he brought in a trail attorney to substitute him. The trial attorney withdrew from the case 6 months before the trial date. After that, I failed to locate an attorney for trial because the former attorneys did not do a professional job. I had no other choice but went to the court on the trial day and accepted whatever the defense had offered, which is no doubt way off what the case should be awarded.

At the court recital, the defense attorneys told the judge they would send the settlement check to me with payees of all the parties claimed liens on the case, which excluded my original attorney as there were no lien-asserting letter received.

Unexpectedly, the settlement drafts came in with my original attorney as one of the payees. The original attorney sent a letter to the defense attorneys asserting his lien the very next day after the settlement.

There is no doubt the original attorney did some work even though not in a professional way, and I had been willing to pay the job he did until he declined my offer $3500, and he demanded his fee $12000 which was 40% of the defense’s offer $30000 (policy limit 25000 + the other driver $5000)at that time before he brought in the trial attorney.

I did not think he deserved $12000 at that time taking into consideration of the time he spent, the money on the table and the nature of my injury. His declining of my offer of $3500 to exchange a statement of no fee lien on the case, in addition to both attorneys’ unprofessional work had resulted in my failure of locating an attorney for trial.

The Contingency Fee Agreement between me and the original attorney (I did not have any agreement with the trial attorney.) states: “Attorney agrees to perform the legal services reasonably required to prosecute Client’s claim to judgment in trial court.” Obviously, he, including his assisting counsel, failed to render the service, and breached the Agreement.

The Designation of Representation by Claimant between me and the attorney says: “This authorization shall be valid for only one year from the below date (which is Oct. 18, 2005) unless renewed or revoked by the undersigned.” There had been no renewing or revoking other than in May 2007, he was replaced by his assistant attorney – the trial attorney.

I have all the evidence to prove how both attorneys’ unprofessional doings affected the settlement amount tremendously. The original attorney’s unprofessional doings also include that he tried to take $5200 from the reimbursement of my rental car expenses.

My questions:

1.Is the court recital binding on the defense in regard to my original attorney as a payee on the settlement drafts?
In other words, if it is binding, then this payee should be omitted from the checks since he claimed lien after the recital. Right?

2.What are the choices for me to solve the fee dispute? What is the best way?

3.Would his breach of the agreement (failed to bring the case to trial) be enough for him to get nothing if I file the case at court?
If so,he would end up to pay my attorney fee in addition to filing cost should I retain an attorney and file the case. Is that right?

4.If I have to file the case at court, do you think I can handle it without an attorney? To me, the procedure seems much simpler, as there would be no expert witness needed, nor would there be deposition taken. I do not even think jury is needed as this is a pure technical issue – contract law. Am I right?

Any suggestions will be greatly appreciated.




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所有跟帖： 

• 您的問題比較麻煩,今天是假日,老貓需要陪伴家人容老貓日後在回答. -單身老貓- ♂ (15 bytes) () 07/04/2008 postreply 18:45:36

• 回複：您的問題比較麻煩,今天是假日,老貓需要陪伴家人容老貓日後在回答. -zclearwater- ♀ (35 bytes) () 07/04/2008 postreply 19:10:44

• 回複：Another Law Suit ?! -單身老貓- ♂ (4162 bytes) () 07/06/2008 postreply 08:13:02

• Email Exchanges - Valid Exhibits? -zclearwater- ♀ (910 bytes) () 07/07/2008 postreply 11:57:39

• 回複：Another Law Suit ?! -apt- ♂ (1220 bytes) () 07/07/2008 postreply 11:25:52

• What in the Agreement -zclearwater- ♀ (1450 bytes) () 07/07/2008 postreply 14:26:51

• 回複：What in the Agreement -apt- ♂ (1265 bytes) () 07/08/2008 postreply 00:19:33

• Thank you for this helpful information. -zclearwater- ♀ (195 bytes) () 07/08/2008 postreply 21:26:47