Questions & Answers
Does the first lawyer keep a percentage if we switch lawyers or settle directly?
Dear Sir/Madam,
If we file a case against someone with a lawyer and sign a POA with a percentage on a recovery basis, and then we go with another lawyer or recover through mutual talking with the culprit, does the first lawyer have a right to the percentage on recovery which we signed with him?
Dear Questioner,
It ultimately depends on the terms of the Power of Attorney (POA) agreement that was signed with the first lawyer.
If the agreement specifies that the lawyer is entitled to a percentage of any recovery, regardless of whether the case is settled or litigated through another attorney, then the first lawyer may have a valid claim to the agreed-upon percentage.
However, if the agreement is contingent upon the lawyer actively representing you in the case and the case is settled or resolved through mutual agreement or with a different lawyer, the first lawyer may not have a valid claim to the percentage.
It is important to review the terms of the POA agreement and consult with legal counsel to understand your rights and obligations in this situation.
