View Full Version : Contract Dates
lylaabby
Jun 9, 2008, 09:19 AM
I signed a contract for representation by an attorney in a Chiropractors office on Feb. 22, 2008, but when I received the copy from the attorneys, the date was different, it wasn't the date when I had signed it... Can this Contract be thrown out?
Fr_Chuck
Jun 9, 2008, 09:27 AM
I would assume the contract date would be the date the attorney signed it?? Can you tell us what the date difference is?
Also? You signed a contract with an attorney in a chiropractors office? Do I have this correct.
And why do you wish to break or get out of the contract
JudyKayTee
Jun 9, 2008, 09:48 AM
I would assume the contract date would be the date the attorney signed it ??? Can you tell us what the date difference is ??
Also ?? you signed a contract with an attorney in a chiropractors office? do I have this correct.
and why do you wish to break or get out of the contract
Oh, good, it's not just me -
Fr_Chuck
Jun 9, 2008, 09:57 AM
What is the old joke, how do I know how bad I am hurt, I have just seen my doctor, I have not talked to the lawyer yet.
sideoutshu
Jun 9, 2008, 11:57 AM
I signed a contract for representation by an attorney in a Chiropractors office on Feb. 22, 2008, but when i recieved the copy from the attorneys, the date was different,, it wasnt the date when I had signed it.....Can this Contract be thrown out??
Oh my lord. Are you telling me that a chiropractor got you to sign an attorney's retainer in the chiropractor's office? I really hope that isn't the case, because that breaks about every ethical standard of our profession.
What state are you in?
The easy answer is that you are never bound to continue an attorney-client relationship in a contingency situation. You may have to re-imburse the attorney for any expenses when you terminate, but the likely scenario would be you switching to another lawyer (right?) in which case the new lawyer would have you sign a letter discharging the old attorney and then make arrangements for transferring the file. Your new attorney would pay the old attorney's expenses and apply them to any settlement in your case.
JudyKayTee
Jun 9, 2008, 12:07 PM
Oh my lord. Are you telling me that a chiropractor got you to sign an attorney's retainer in the chiropractor's office? I really hope that isn't the case, because that breaks about every ethical standard of our profession.
What state are you in?
The easy answer is that you are never bound to continue an attorney-client relationship in a contingency situation. You may have to re-imburse the attorney for any expenses when you terminate, but the likely scenario would be you switching to another lawyer (right?) in which case the new lawyer would have you sign a letter discharging the old attorney and then make arrangements for transfering the file. Your new attorney would pay the old attorney's expenses and apply them to any settlement in your case.
Oh, boy, here we go again - I thought you could sign the retainer agreement wherever you and the Attorney have to be at the same time.
Why can't you sign in a chiropractor's office? Or are you reading some undue influence by the chiropractor?
sideoutshu
Jun 9, 2008, 12:20 PM
Oh, boy, here we go again - I thought you could sign the retainer agreement wherever you and the Attorney have to be at the same time.
Why can't you sign in a chiropractor's office? Or are you reading some undue influence by the chiropractor?
It has to do with the disciplinary rules prohibiting solicitation among other things. I am also not comfortable with a non-lawyer making determinations as to the viablilty of cases, etc. But mainly, it turns my stomach because it perpetuates the derogatory "ambulance chaser" idea that comes along with being a Plaintiff's attorney. If this person signed a retainer in a chiropractor's office, it is doubtfull that their attorney was there. I envisioned a scenario where the law firm has a relationship with the Chiropractor and has a stack of retainer's sitting in the Chiropractor's office.
It is no different then the fly by night firms who have investigators standing outside of emergency rooms signing up patients as they walk out on crutches. Very questionable ethically.
JudyKayTee
Jun 9, 2008, 12:28 PM
It has to do with the disciplinary rules prohibiting solicitation among other things. I am also not comfortable with a non-lawyer making determinations as to the viablilty of cases, etc. But mainly, it turns my stomach because it perpetuates the derogatory "ambulance chaser" idea that comes along with being a Plaintiff's attorney. If this person signed a retainer in a chiropractor's office, it is doubtfull that their attorney was there. I envisioned a scenario where the law firm has a relationship with the Chiropractor and has a stack of retainer's sitting in the Chiropractor's office.
It is no different then the fly by night firms who have investigators standing outside of emergency rooms signing up patients as they walk out on crutches. Very questionable ethically.
OK - how do you feel about Attorney advertising? Helps the profession? Hurts the profession?
I am aware of a local law firm that actually pays medical staff pesonnel to hand out Attorney business cards - and yet the Bar does nothing.
sideoutshu
Jun 9, 2008, 12:48 PM
OK - how do you feel about Attorney advertising? Helps the profession? Hurts the profession?
I am aware of a local law firm that actually pays medical staff pesonnel to hand out Attorney business cards - and yet the Bar does nothing.
I am fine with advertising. The problem comes with a "recomendation" coming from a person in a position of trust (chiropractor for example) without the disclosure that the recommendation is financially motivated.
The second part is flat out illegal and is grounds for license suspension. Yes, it happens all the time, but if you get caught, you are done. The Bar doesn't really have the time, resources or incentive to make inquiries without being prompted. But if they get a complaint or two, look out.
twinkiedooter
Jun 9, 2008, 12:51 PM
Hey, the chiro was just getting in on the ground floor before some other guy got there first. You just write the attorney a letter and cancel his services as you decided to get your own attorney without the nice helping advice of your chiro (who is probably going to get a cut of what the attorney gets as well as collecting your insurance money for your treatments also). Hopefully you did not meet with the attorney at all since you signed that paperwork.
Fr_Chuck
Jun 9, 2008, 04:04 PM
Sadly in the "whip lash" industry there are chiro who work closelywith attorneys, if the attorney gets a client, they have them to to this doctor and the chiro will recommend a certain attorney.
Also I do understand that the laws on advertising varies by state for attorneys. Of course a police scanner in the car and getting to the scene before the resure team works a lot better.
JudyKayTee
Jun 9, 2008, 04:49 PM
Sadly in the "whip lash" industry there are chiro who work closelywith attorneys, if the attorney gets a client, they have them to to this doctor and the chiro will recommend a certain attorney.
Also I do understand that the laws on advertising varies by state for attorneys. Of course a police scanner in the car and getting to the scene before the resure team works alot better.
And faster, with less overhead! And, yes, at least in my area Doctors and Attorneys work hand in hand.
JudyKayTee
Jun 9, 2008, 04:50 PM
I am fine with advertising. The problem comes with a "recomendation" coming from a person in a position of trust (chiropractor for example) without the disclosure that the recomendation is financially motivated.
The second part is flat out illegal and is grounds for license suspension. Yes, it happens all the time, but if you get caught, you are done. The Bar doesn't really have the time, resources or incentive to make inquiries without being prompted. But if they get a complaint or two, look out.
The Bar Association in MY area, at least, is pro-Attorney to the point of blindness. Maybe it's different in different places but short of shooting a client I can't imagine what would cause an Attorney to be censured or disbarred. And I've seen some beauts!
lylaabby
Jun 10, 2008, 07:20 AM
I should have known something was up as soon as they called me... but well OK I can understand the part you said that the dates would be whenever the attorney signed the contract... but there's even a paper that I DID NOT sign saying that they did not solicit me at the chiros office and it has my signature and date of when the attorney apparently signed... not the date I signed the other paperwork... and the legal assistant was already waiting for me when I arrived at the chiros office... and yes they do work hand in hand with each other... I live in west Texas and the reason I wanted out of all this is because I can never get any of my questions answered from the attorneys in San Antonio (where the attorneys are from) and they don't ever return my phone calls & don't ever know what to say to me because I have talked to too many attorneys working on the case...
JudyKayTee
Jun 10, 2008, 07:56 AM
I should have known something was up as soon as they called me...but well ok i can understand the part you said that the dates would be whenever the attorney signed the contract...but theres even a paper that I DID NOT sign saying that they did not solicit me at the chiros office and it has my signature and date of when the attorney apparently signed...not the date i signed the other paperwork...and the legal assistant was already waiting for me when i arrived at the chiros office.....and yes they do work hand in hand with eachother...I live in west texas and the reason i wanted out of all this is because i can never get any of my questions answered from the attorneys in San Antonio (where the attorneys are from) and they dont ever return my phone calls & dont ever know what to say to me because i have talked to too many attorneys working on the case....
My only comment is - Oh My Gosh! Yes, the law firm should be reported to the Bar Association and the Chiropractor should be reported to whatever group licenses/regulates them in your area.