If I discharge my attorney, are they entitled to a portion of the contingency fee?
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It looks like the section you shared addresses the firm’s rights to a portion of lien reductions, but it doesn’t speak to what happens to the firm’s contingency fee if you discharge them. Most retainer agreements will include a separate provision addressing what happens if the client terminates the attorney before the case resolves. This is often found under a section dealing with “attorney’s lien” or “termination of services,” but it does not appear to be covered in the text you provided.
Generally, this situation is contractual, meaning whatever your specific retainer agreement says about fees owed upon discharge will typically control. If the agreement is silent on that point, the default rule is that a discharged attorney on a contingency fee case is still entitled to the reasonable value of their services up to the point of discharge. This is usually called a quantum meruit claim, and it would typically be enforced by placing a lien on your recovery when the case ultimately resolves.
Whether your former attorney seeks payment directly from you or coordinates it with your new attorney depends on whether your agreement shifts that burden. If your agreement does not address that question, then your attorney would typically be able to recover their fee from your portion of any settlement or award and would not be limited to recovering it from the other attorney's fee.
That said, many lawyers will agree to "absorb" a former attorney's lien into their fee if they want your case on contingency. So, if you are looking to change lawyers, negotiating this into your new lawyer's retainer agreement would be wise, if possible to do so.
I hope this helps. If I can clarify anything, please let me know. It's my pleasure to assist further if necessary.
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Hi, If I withdraw my personal injury case from my current attorney, does he have to share the fees with another attorney?
I understand this situation can be frustrating. Have you already discussed the possibility of withdrawing your personal injury case with your current attorney?
Yes.
Are there any specific clauses in your agreement with your current attorney regarding fee sharing in case of withdrawal?
I have not checked, but let me check.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with fee sharing.
Her current lawyer did not want to wait for her to do the surgery, and now she's exploring options to sue the law firm for transferring her over to a medical practice who they delayed surgery.
Hello, my name is Patrick. I am an attorney with more than 15 years of experience and it will be my sincere pleasure to assist you with your question.
Does your retainer agreement with the attorney address what happens if you discharge the attorney? Does it address "liens" in that scenario at all?
Hello Patrick. I am checking to see if it discusses liens.
This is the only part in the agreement that discusses liens:
"In the event that the Firm successfully reduces a lien of any kind, excluding a workers’ compensation lien, then the Undersigned agrees that the Firm shall receive one-third (1/3) of any reduction or waiver... All liens of any kind shall be payable solely out of the Undersigned’s share of the recovery and there shall be no deduction for said items in computing the attorney’s fee..."
Thank you, please give me just a moment to finish composing my response...
Ok thank you!
It looks like the section you shared addresses the firm’s rights to a portion of lien reductions, but it doesn’t speak to what happens to the firm’s contingency fee if you discharge them. Most retainer agreements will include a separate provision addressing what happens if the client terminates the attorney before the case resolves. This is often found under a section dealing with “attorney’s lien” or “termination of services,” but it does not appear to be covered in the text you provided.
Generally, this situation is contractual, meaning whatever your specific retainer agreement says about fees owed upon discharge will typically control. If the agreement is silent on that point, the default rule is that a discharged attorney on a contingency fee case is still entitled to the reasonable value of their services up to the point of discharge. This is usually called a quantum meruit claim, and it would typically be enforced by placing a lien on your recovery when the case ultimately resolves.
Whether your former attorney seeks payment directly from you or coordinates it with your new attorney depends on whether your agreement shifts that burden. If your agreement does not address that question, then your attorney would typically be able to recover their fee from your portion of any settlement or award and would not be limited to recovering it from the other attorney's fee.
That said, many lawyers will agree to "absorb" a former attorney's lien into their fee if they want your case on contingency. So, if you are looking to change lawyers, negotiating this into your new lawyer's retainer agreement would be wise, if possible to do so.
I hope this helps. If I can clarify anything, please let me know. It's my pleasure to assist further if necessary.
Understood. So generally speaking, the former attorney would still be entitled to some form of compensation. We are changing our current attorney because he referred us to a medical practice that delayed my mother's surgery. The doctor ended up leaving the practice. However, since my mother hasn’t performed the surgery, this has impacted the proposed settlement in the case. We feel that the lawyer’s office may have worked hand in hand with the medical practice to delay the surgery and, as a result, the case would not settle for the amount we expected.
The city (defendant) has not proposed a settlement offer yet.
The lawyer told us not to expect a high figure and gave us a price range, which my mother feels that she’s being forced to sign on. Due to this, we are exploring options to withdraw the case from the current law office and to sue the law office and medical practice.
Thank you. It’s understandable to feel frustrated when medical treatment impacts the course of a personal injury case, especially when delays affect the perceived value of the claim.
However, generally speaking, referring a client to a medical provider—even if that provider later created complications—would not be considered misconduct that would strip an attorney of their right to compensation. Most attorneys have ongoing relationships with medical providers to ensure clients receive treatment on a lien basis, and while unfortunate, delays or changes in medical care are not unusual and often outside of the attorney’s control.
Even if you believe the medical referral contributed to a diminished settlement outlook, this would not, on its own, prevent the former attorney from asserting a lien for fees after being discharged. The attorney’s right to compensation is based on the reasonable value of the services performed prior to termination, regardless of any dissatisfaction with certain aspects of case management.
Since the city has not yet proposed a settlement, the new attorney will still have the opportunity to work on strengthening the case and advocating for full value.
I understand your concerns, but nothing you’ve described so far would typically amount to a viable claim against the law office or the medical provider. It is not unusual for attorneys to give clients a settlement range based on their professional assessment of the case’s strengths and weaknesses. While it can feel like pressure, providing an honest evaluation of likely settlement figures is part of the attorney’s duty to advise the client.
Unless there is evidence of fraud, gross negligence, or a clear conflict of interest that caused measurable harm to your mother’s case, there would generally not be grounds to sue the attorney. The same applies to the medical provider. Treatment delays, staffing changes, and even treatment disputes do occur, but unless the medical practice engaged in conduct far outside of professional norms—such as intentionally sabotaging care for financial gain—this wouldn’t generally form the basis for a lawsuit.
If your mother no longer trusts the current legal team, she can absolutely choose to discharge them and retain new counsel. However, pursuing a legal malpractice or related claim against the law firm or provider would typically require much stronger facts suggesting serious wrongdoing.
