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VIC No Win No Fee Lawyer Stopped Acting For Me - What To Do?

Discussion in 'Personal Injury Law Forum' started by carmelito marimla, 21 January 2015.

  1. carmelito marimla

    carmelito marimla New Member

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    My no win, no fee lawyer ceased on behalf of me. I have a case ongoing in County Court for my Total and Permanent Disability (TPD) insurance personal injury claim. I have trial hearings on 12 February 2015 and I have no lawyer to represent me.
     
  2. Victoria S

    Victoria S Well-Known Member

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    Why did they cease to act for you? Did they decide that you were unlikely to win? Did they at least advise you of your options when they stopped acting for? You'll likely either have to pay for a private lawyer, or perhaps ask for an adjournment if you still haven't engaged another lawyer by the time of the hearing. Legal Aid normally does not provide its services for personal injury related cases.
     
  3. ClareB

    ClareB Well-Known Member

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    First thing to do is contact the County Court and advise that, for the moment, you do not have legal representation and that you request for your matter to be adjourned until a later date when you retain another lawyer.

    Second thing is to have a look at the costs agreement, which you should have signed when you first retained your lawyer. There should be a heading to the effect of "termination of contract". If you feel that you have been wronged by your lawyer by the terms under the costs agreement, you should seek independent advice.

    Otherwise, if you feel that your lawyer has acted within the terms of the costs agreement, request your file from the law firm and provide it to the next lawyer that you retain. However, in saying that, it is important that you ensure that it has been confirmed in writing that your previous retainer has been ceased before you start another.
     
  4. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Check the retainer agreement. Contact the court. Call the law society for advice.
     
  5. TPD_Awareness Australia

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    How did it end up Carmelito? Very rarely have Total and Permanent Disability (TPD) claims actually entered court. Usually the client and both sides see the value in settling prior to court. There is some precedent which you can find to be helpful but unless you feel like studying this intricate law for a couple of weeks there is no point reading it. I wouldn't be taking an under prepared TPD case to court, the insurer will take everything you've got.
     

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