Attorney fees question when getting a new attorney (Answered on Avvo.com)
Will my mother have to pay her lawyer before she can hire another one? : A year and two months ago my mother had something happen at a major hospital that resulted in her having to have a finger amputated and more major surgery. 3 times I was told to plan her funeral. She hired a lawyer because of the negligence of the hospital and her resulting amputation. For a year her lawyer has said that he’s getting paperwork together. I personally got all of her hospital records for him. My mother calls him often for updates and is told it will be another 2 weeks or now it’s he’s looking for an expert to read the hospital records and nurses notes. He promised her a year ago that this would be done within the year. Mom isn’t young and wants to be done with this. Should she hire another lawyer and if she does will she have to pay this one although he hasn’t shown her anything that he’s done yet?
Bradley’s answer: Agree that it is dependent on the fee agreement with the attorney. Assuming it is a standard contingency fee contract, the lawyer would be entitled to a reasonable amount based on the amount of work that he did. However, under a standard contingency fee agreement, he wouldn’t get paid until she received a favorable verdict or settlement and any payment he receives should come out of the new attorney’s percentage. Confirm that when she hires a new attorney.