How Can I File a Small Claim? Most lawyers who accept personal injury cases do so on a contingency fee basis.The lawyer's fees will be a percentage of the money they recover for you. Yes you can sue your former lawyer. In Maryland and the District of Columbia, a legal malpractice action typically requires that an aggrieved client prove duty, breach, causation, and damages. Intended to replicate exactly the fee an attorney could earn through a private fee arrangement with his client. Some attorneys and law practices are willing to file lawsuits to recover unpaid attorney fees and unreimbursed out-of-pocket expenses. Attorney's fees for a claim filed under the Maryland Constitution or the Maryland. Declaration of Rights. The American Rule generally "prohibits the prevailing party in a lawsuit from recovering his attorney's fees as an element of damages.