What That Big Billboard Lawyer Isn’t Telling You
We’ve all seen the giant billboards on the side of the highway: “Hire us! We’ll settle your case for a million dollars!” The ads may showcase a wide-toothed smiling attorney with his most recent large settlement won in a font so large it is hard to miss. What you may not notice is the asterisk at the bottom confessing that this is not the actual settlement awarded to the client. These grand displays do only one thing: attract business. We encourage all accident victims to do their due diligence when hiring an attorney and to be wary of ambulance chasers they may encounter. Taking a moment to clear your mind after an accident can help avoid entering contracts you may regret later.
Ambulance-chasing: It’s a Problem.
“Ambulance chasing” is a term used to refer to attorneys who use unscrupulous methods to attract clients. A common location for this is at the hospital after a car accident. If you find yourself alone in the ER, be cautious of attorney representatives soliciting car accident victims into signing a representation agreement. If you sign this agreement, you have allowed this attorney to open an insurance claim on your behalf and permitted them to take 33% of your settlement (if not more). If you are involved in a car accident, do not feel rushed to sign with an attorney right away, take a day or two to choose the right attorney for you. However, be wary when taking your time, if you wait too long after your accident (more than a month or so) it may be difficult to settle your case due to the large gap between the date of the accident and your first day of treatment.
Wait… What Did I Just Sign?
After an accident, you may be in a daze. Whether you hit your head on the steering wheel, or the ER nurse gave you some painkillers, you are most likely not in a clear headspace. The sheer trauma of being in an accident is enough to overwhelm anyone, and solicitors use this to their advantage. It is easy to fall prey to these people when you are not in the right state of mind. You may find it difficult to fully evaluate all the options at your disposal when there is a person in your face feverishly asking you to sign a contract. If you ever find yourself in this position, take our advice: do not sign anything that is not hospital-related.
Texas Law
In the State of Texas, attorneys are prohibited from initiating contact with a potential client who has not reached out first. For you to agree with an attorney, you must legally be of sound mind and capable of understanding what you are signing. Some attorneys try to find a way around this by using advertising representatives to initiate contact with potential clients. While this is not technically illegal, it can feel unnecessarily invasive and underhanded.
Can a contract be voided?
Yes, a contract with an attorney can be voided under certain circumstances. If you have medical records that document your mental state, or medication intake, it can be used as proof that you were not in a clear state of mind when signing. Remember, you can terminate your attorney-client relationship at your discretion but, be cautious, doing so can have consequences such as outstanding legal fees and case delays. Additionally, your previous attorney has a right to a portion of your car accident settlement. In any event, if a new attorney is what you seek (or you want to close the case altogether) we recommend reviewing your contract with a licensed attorney to determine what actions you should take.
Key Steps
If you have determined that your current attorney is not the right fit, do not be discouraged. There are plenty of reputable law firms that are willing to help, like West & West, LLP! Here are some key steps to help you along the way:
- Determine if you would like to continue with your claim.
- Review your contract personally or with an outside attorney.
- Notify your current attorney that you wish to terminate your attorney-client relationship.
- If legal representation is still needed, find a new attorney by diligently researching local attorney’s specializing in personal injury.
- Have your previous law office send over any and all documents they have pertaining to your case.
Conclusion
If you have mistakenly signed a contractual agreement, do not fret! There are steps that can be taken to end the contract on your terms. If you have any questions regarding a contract you have signed do not hesitate to call West & West, LLP. We can review your contract and advise on the best option for you. Remember, this is your case, you need an attorney who cares about you as an individual, not just the monetary gain!
