A RI personal injury lawyer answers several frequently asked questions concerning the law relating to a client firing an inept, disappointing and ineffective automobile crash lawyer. An injured victim is entitled to the best personal injury lawyer in Rhode Island to represent him in a RI tort, workers compensation or slip and fall claim.
Does the seriously injured person have the right to obtain a new RI car crash lawyer?
Does the injured victim have the right to obtain a new RI car attorney if an injured victim is disappointing with a RI injury lawyer, who is representing the claimant in a negligence cause of action? Pursuant to Rhode Island legal ethics laws, a client has the right to obtain a new personal injury lawyer at any time during the course of legal representation. The client is actually the owner of the vast majority of the legal file. The prior Rhode Island car accident lawyer must turn over nearly all of the negligence legal file to the new attorneys.
If I obtain a new RI personal injury lawyer, who is liable to compensate the prior discharged liability attorney?
Your prior lawyer may assert a ‘statutory lien’ against your car wreck, RI premises liability claim, slip and fall or trucking accident cause of action. Once there is a settlement with the tortfeasor and the liability and indemnity insurance company forwards your new injury lawyer the settlement funds, then the Rhode Island attorneys will sort out what is fair compensation for the lawyer you fired. The client is not required to compensate the prior attorney out of their own funds.
When your RI car crash lawsuit or claim is settled or when your RI personal injury lawyer receives the settlement cash as a result of a verdict after a trial in Providence Superior Court or after a settlement, the old and the new lawyer will equitably divide the settlement funds.
It does not cost the injured victim anything additional as a result of retaining a new RI personal injury lawyer. The Providence lawyers involved must come to an agreement as to the ‘cut’ received by the attorney. If the injured victim retains new counsel then the attorneys will split the Thirty Three Percent contingency fee. Most automobile accident and other negligence and liability claims such as motor vehicle accidents are litigated on a contingency fee basis. This means in which the RI car accident lawyer agrees to take a third of the settlement obtained by the victim. If the injured victim hires a new personal injury lawyer in Rhode island then the attorneys will split the (33%).
What types of personal injury and negligence claims are handled on a contingency fee basis?
Premises liability, trip and fall, motor vehicle accidents, slip and fall truck accidents, motorcycle accidents, wrongful death, bicycle accidents etc.
What do I do if the lawyer I fired and the new attorney are squabbling over fees in a nasty fee dispute?
If the lawyers are fighting over their cut of the settlement and cannot agree on how to divide the lawyers fees then they can submit the dispute to the Rhode Island Bar Association fee dispute arbitration. Otherwise, the RI personal injury lawyers can litigate.
It is not the victim’s concern how the tort attorneys divide the auto crash attorneys fees because there is no additional expense or cost to obtain a new lawyer! If the old and new lawyer are warring over the division of the lawyer’s fees they must still hand over the victim’s share of the cash to the injured victim prior to the resolution of the feud.
“The index to all ethics opinions issued by the Professional Ethics Committee of the Supreme Court of Texas last appeared in the December 1994 issue of theTexas Bar Journal. The following is an updated index of opinions published to date and is current through Opinion 651 (February 2016).” TEXAS ETHICS REPORTER https://www.law.uh.edu/libraries/ethics/opinions/ethicssubjectindexb.html
For other legal articles by David Slepkow, please go here