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    keekersmom1's Avatar
    keekersmom1 Posts: 1, Reputation: 1
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    #1

    Jan 31, 2010, 03:00 PM
    An attorney wants to withdraw from my case and still wants settlement funds
    An attorney wants to withdraw from my lawsuit case. The payment to the attorney was based on settlement amount. Even though he is withdrawing he still wants some of the funds and has filed a lien. Is a motion for release of lien what I need or release of funds?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 31, 2010, 03:26 PM

    What sort of a contract did you sign at the beginning of your case? This will determine if there is any basis for the release of lien. Chances are pretty good that there is something in the contract that covers either his withdrawl from the case or your dismissing him from the case and what he is entitled to fee wise in the case that the suit is successful even if he is not the attorney at the finish of the case.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 1, 2010, 08:13 AM

    If an Attorney prepared the lien I am 100% positive the only way it can be set aside is to pay the Attorney the amount the contract/agreement requires.
    ryerson2's Avatar
    ryerson2 Posts: 11, Reputation: 0
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    #4

    Feb 2, 2010, 11:32 AM

    If he is withdrawing himself he should not be able to get any % of any kind depending on what you signed ?he should only get a % if he fights the case
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #5

    Feb 2, 2010, 11:37 AM

    Sounds like it was a contingency matter. The attorney is entitled to be paid for the billable hours he/she has already worked on your matter, even if he/she is not seeing the matter to completion. That is why a lien was filed on the settlement. If you don't want the lien then pay the attorney fees out of your own pocket.
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