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Wisconsin is unique because it is much more difficult for a customer to replace the first personal injury lawyer with a new lawyer. A customer always has the right to fire their lawyer for any reason. However, in a Wisconsin personal injury case it can be very difficult for a customer who has released her first lawyer or to find a new lawyer to take their case.

In most states, if a client HiRes A lawyer, but later fires Attorney A and Attorney B HiRes, then A is a lawyer an hourly rate for the time they spend on the case before her dismissal. Attorney B is entitled to the level of success fee minus the amount paid to A. in Wisconsin, the opposite is the case. A lawyer will be contingent fee, minus the hourly rate times the time it would for a lawyer to the case of the financial statements. This amount is from the success fee and goes to B.

Wisconsin law considers Contingent Fee Retainer Agreement contracts. Therefore, the principles of contract law for such agreements. A first step is the analysis of the contract to determine whether it is valid and not unreasonable. A 25% -40% success fee would likely be held valid, but 50% success fee could be exaggerated. If the original contingent fee agreement is determined to have a valid contract, then one of the parité the other party must be "against" the order to the contract. Under a Wisconsin personal injury contingent fee retainer agreement, this means that a client must show that the lawyer is discharged for "errors" or "Cause" or the lawyer, the full fee minus a contingency paid hourly, the second lawyer for the conclusion of the case, even if this second lawyer who invents an Contingent fee retainer agreement with the customer.

"" Cause "for the dismissal of a lawyer is a high standard. Wisconsin courts have" cause "as" "standard, which requires that the lawyers as a matter of law."

The Wisconsin rule for dealing with situations where the first attorney was fired in the 1950s in the case of Tonn v. Reuter. In 1999, in the event of legal action, SC v. Habush, Habush, Davis & Rottier, SC, the Wisconsin Court of Appeals ruled on a case in which Habush, the original law firm, sued for their fees at a case in which they were terminated and a second Action Law Firm SC, of Madison, to conclude the case. Action Law argued that the company Habush has very little work on the file and should not be entitled to its full contingent fee, less action law of the hourly rate for actual work on the file. Habush the position that there is no difference how much time it for the customers of the case, they were the first attorneys to file, and therefore they were entitled to the full success fee, less the reasonable value of services provided by the second lawyer, legal action. In two unpublished opinions, the Wisconsin Court of Appeals with Habush. The court determined that the law only entitled to an hourly fee for the time, the solution is the case, from the time Habush was fired and took action law. Action should also be noted that since Habush only an estimate of the case at $ 100,000, and the action law received a final settlement of $ 240,000, which should not Habush of the work of the legal action in cases of increasing value. The Court of Appeals also rejected this argument, ruling in favor of Habush.

What is the practical result of this assault victims for Wisconsin? That means they have a very difficult time finding a second lawyer to take over the case if they are already set and fired the first attorney. Therefore, it is important that Wisconsin personal injury victims the right to hire a lawyer from the outset of their case.

Wisconsin Attorney Randall Rozek has in his career, the injuries of victims. His company llaw, Rozek Law Offices offers free books Wisconsin injury victims in order to educate Wisconsin personal injury law and the process of hiring a Wisconsin Personal Injury Lawyer