P.I. attorney is charging me to switch lawyers, is that legal

**mytell** · 07-24-2006, 07:52 AM

I had an automobile accident over a year ago in May. The lawyer never filed suit, but is charing me 500 plus dollars to switch to another attorney. Is that legal?

**moburkes** · 07-24-2006, 08:06 AM

Quoting mytell

I had an automobile accident over a year ago in May. The lawyer never filed suit, but is charing me 500 plus dollars to switch to another attorney. Is that legal?

Have you paid this attorney any money? Have you signed any contracts with this attorney?

**mytell** · 07-24-2006, 08:13 AM

Quoting moburkes

Have you paid this attorney any money? Have you signed any contracts with this attorney?

I signed a contract to be represented on a contigency basis.

**moburkes** · 07-24-2006, 08:15 AM

In the contract, what does it state about you ending the relationship with the attorney?

**mytell** · 07-24-2006, 08:18 AM

Quoting moburkes

In the contract, what does it state about you ending the relationship with the attorney?

I don't remember but I am refering to the fact this lawyer has not filed suit in this case for over a year. It would seem to me he has breached the contract but not doing anything on his part.
I am sure if he is attempting to charge this fee, he knows his contract will allow for it, however, he has defaulted on his agreement by not doing one thing in the case or even returning phone calls

**Litigator** · 07-24-2006, 12:07 PM

If it was not stated in the contract and assuming you are not asking him to locate another attorney for you, I do not see how he could be charging you $500.00 for you to get another attorney. Normally, he could withdraw from the case almost at any time--most contracts specify this, and if he does then you would be responsbile for getting another attorney but here again I do not know why counsel would be charging you $500.00, especially if the case was taken on a contingency fee basis.