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  1. #1
    Join Date
    May 2010
    Posts
    25

    Default How Does a Personal Injury Attorney Get Paid if Client Changes Council

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

    Client/Atty relationship has soured and it might be best to part ways. how are expenses covered??

  2. #2
    Join Date
    Sep 2020
    Posts
    159

    Default Re: How Does a Personal Injury Attorney Get Paid if Client Changes Council

    Refer to your retainer agreement/contract with the attorney.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,259

    Default Re: How Does a Personal Injury Attorney Get Paid if Client Changes Council

    Quote Quoting garyS-NJ
    View Post
    My question involves an injury that occurred in the state of: PA

    Client/Atty relationship has soured and it might be best to part ways. how are expenses covered??
    The former attorney sends you a bill for the hours and expenses incurred and you pay it. If you don't pay it he likely has a lien on your settlement or award and gets paid off the top.

    You are likely to find that attorneys are reluctant to take on personal injury cases where there was a previous attorney on it.

    What is it about your relationship with your attorney that has soured?

  4. #4
    Join Date
    Jul 2018
    Posts
    2,713

    Default Re: How Does a Personal Injury Attorney Get Paid if Client Changes Council

    Quote Quoting garyS-NJ
    View Post
    Client/Atty relationship has soured and it might be best to part ways. how are expenses covered?
    Let's assume that Client has retained Lawyer1 on a contingent fee basis. The agreement provides that any recovery will be applied first toward expenses incurred by Lawyer1 and that Lawyer1 will also receive 33 1/3% of the recovery. For example, if Client recovers $100 and Lawyer1 has incurred $15 in expenses, Lawyer1 receives $33.33 + $15 = $48.33, and client receives $51.67.

    Under those circumstances, if Client fires Lawyer1 and hires Lawyer2, Lawyer1 will typically be entitled to reimbursement of expenses plus a reasonable hourly fee for time worked. If, using the same numbers, Lawyer1 has done $25 in work, then Lawyer1 will be entitled to receive $40, Lawyer2 will get whatever his/her contingent fee percentage is (let's say 25%, so $25), and Client gets the rest, which would be $35.

    Of course, the retainer agreements between Client and Lawyer1 and Lawyer2 may call for something different, so the real answer is, "it depends."

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