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  1. #1
    Join Date
    Apr 2011
    Posts
    11

    Default Prior Attorney Lien

    My question involves an injury that occurred in the state of: CA

    My new attorney recently settled my case. My prior attorney did nothing and about a week before the statute of limitations would expire he told me he was not going to file a lawsuit on my behalf. That's when I went to my new attorney. He did 99.9% of all of the work. The insurance somehow know of the prior attorney and wants to add the prior attorney to the insurance check. Is the insurance company obligated to add him to the check?
    Thanks

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,857

    Default Re: Prior Attorney Lien

    You are obligated to pay whatever you contractually agreed to pay the first attorney. The paperwork you signed with him, assigned his interest to be paid by the insurance company.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,563

    Default Re: Prior Attorney Lien

    Apparently the former attorney did something before he was discharged. Your current attorney would normally contact the former attorney to try to work things out and, if that fails, bring a motion with the court in which the case was filed for a hearing on how the fee is to be divided.

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