AboutPaul D. Friedman, M.A., Ph.D., J.D. Expertise I have been a practicing civil trial attorney since 1989 and have a master's degree in bioethics and a doctorate of philosophy in comparative ethics of law, medicine and business.
I am Certified as a Civil Trial Specialist by the National Board of Trial Advocacy and am Certified as a Specialist in Injury and Wrongful Death Litigation by the State Bar of Arizona Board of Legal Specialization.
Experience Experience in the area I have been a practicing trial attorney since 1989 and I have a masters degree in bioethics and a doctorate of philosophy regarding comparative ethics.
Organizations belong to State Bar of Arizona
State Bar of Colorado (inactive)
District of Columbia Bar (inactive)
Federal Bar
Licensed in Arizona District Court
Licensed in Ninth Circuit Court of Appeals
Licensed in the United States Supreme Court American Bar Association National Board of Trial Advocacy
American Association for Justice
Arizona Trial Lawyers Association
American Society for Bioethics and Humanities Kennedy Institute of Ethics National Association of Realtors
Education/Credentials Bachelor of Arts 1985
Juris Doctorate 1989
Master of Arts in Bioethics 2004 Doctorate of Philosphy 2006
Awards and Honors Phi Beta Kappa
Multiple Who's Who
Publications A list of my copyrighted publications and presentations is contained at WWW.EXPERTETHICS.COM
Question Last year, I was involved in a car accident and retained a lawyer after being contacted by several by mail. Seeing as they all seemed the same after a little research, I chose the lawyer offering a rate of 25% of the settlement fee. This week I received a letter from the lawyer stating that he was joining a new law firm; there was also a contract enclosed that IMO, significantly changes the terms of our original agreement. The percentage amt was changed to 33 1/3% before filing suit and 40% after filing suit and also [IMO, adding insult to injury] also included a fee for administrative costs of several hundred dollars. There is also a clause stating that this new firm are "appointed to sign on behalf of the undersigned all necessary releases, receipts, endorsements, settlements, discharges, notices or satisfactions of awards, judgments or recoveries of whatsoever character and generally do all things including the deposit of any and all funds in the XXX [law firm] trust accounts of a fully accredited FDIC banking institution., which in their judgment are essential to their handling of this matter, with or without disclosure of this authority."
My question is: Is this a standard and acceptable practice and what recourse do I have if I choose not to accept? I'm no expert, but it doesn't seem right to me that a lawyer can change the terms of our agreement almost 9 months after I've retained their services.
Answer Staci,
I am glad you did not sign the agreement and are seeking some advice.
I suggest you contact a different attorney and have your file transferred. You can terminate your representation with the former attorney at any time and for any reason.
I absolutely agree that it is not proper for an attorney to try and change the terms of a contract midstream. This is an attorney that has lost your trust and you should find someone you are comfortable with.
My last advice is to pick the best attorney and I would guard against picking an attorney based on there fee percentage. The old saying "you get what you pay for" is generally true with the services of attorneys and the cheapest may cost you more in the long run.
