Attorney fees question

[Remisdad]

I won my appeal and got a large back pay.  Now I have an attorney fee claim.  I got the lawyer in 2017 and got rid of him in 2019 I think.  Will they just pay him attorney fees for when he had power of attorney or from 2017-2021?  Also I have 7 days to upload files the VA wants but I have no idea what it is they want. I'll try to include pictures.  Thanks for any help.

 

[broncovet]

Did you terminate your attorney "in writing", with a written letter to him?  And, perhaps more importantly, did you change your POA to reflect he was no longer your representative?

Its not enough for you to think about firing him, you need to do so in writing, informing the VA he no longer represents you. 

While I dont have a law degree, and my advice can not be accepted as legal advice, it would make sense to me that you compensate the attorney "for the work performed prior to the discharge".  In other words if you get fired on a job, I am sure you think you should be paid "up to the point" where you were terminated.  

My advice would be to put this behind you, probably by negotiating a payment to the lawyer for work already performed.  

Perhaps you and he could work out a solution "somewhere between" him getting full pay (20% or as determined by your fee agreement) and him getting zero.  

Lawyers are not above suing you to collect their money they think is due them.  

Speaking of fee agreements, you should read yours which could address "what happens" in the event you terminate the lawyers services prematurely.  

For him to collect from the BVA, he will have to submit to him his hours.  My advice is to call him and ask him how many hours he has in your project, and compensate him accordingly, but probably not the full 20 percent.  Somewhere in between zero and 20 percent, there should be a compromise that works for both of you.  

Obviously, you were not happy with the lawyer, but, you dont want to make it worse by having to deal with him even more, if he sues you for payment.  

The va has restrictions on payment to attorney's working on Veterans claims.  

Did your attorney already get paid by VA and you are seeking to recover this payment?  Or, did he not get paid and is trying to get paid.  

It does sound like the VA has/is/will be witholding a portion for the attorney fees, and maybe you should contact them and see what they have in mind.  

 

 

Edited July 23, 2023 by broncovet