Is an attorney that was dismissed from a car accident due 33 1/2% of the final negotiation when he was not a part of it?

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Is an attorney that was dismissed from a car accident due 33 1/2% of the final negotiation when he was not a part of it?

I dismissed an attorney from my car accident case because he showed lack of interest in it. He is asking for 33 1/2 % of the final offer. Is he due that much when he had nothing to do with it?

Asked on August 25, 2011 Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You want to take a look at the language of the retainer agreement that you signed when you hired the attorney.  Usually when an attorney is dismissed in an auto accident case, the attorney receives an amount based on an hourly rate for the amount of time the attorney spent on the case.  The attorney receives compensation for the time spent on the case based on an hourly amount instead of the percentage of recovery the attorney would have received if he had still been representing you when the case was settled.  The language in the retainer agreement determines the compensation the attorney receives.


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