Legal Question in Insurance Law in California
Can someone change lawyers (after 2 years of dealing with an accident case with an insurance company) during the beginning of the litigation process when the person has been denied the settlement demand and is about to compose a disposition and has a date set for "discovery"?
I don't feel like my lawyer is really on my side, I feel like I'm being interrogated every time I talk with him. I just met him 3 months ago. Before that I was dealing with the law firms Medical Specialist. Its been 2 years and 2 months since the accident. The accident was not my fault. Unfortunately the majority of my treatment was given by a Chiropractor, who I didn�t like and didn�t seem to be focused on my recovery. In my opinion he was more concerned about getting me to say I was at a state of pre-injury because the lien I had with him was gone. He wasn�t getting paid now, and I think he just didn�t want to treat me any more unless he was getting payment, now. I felt pressured to say I was healed when I was still having pain and neck, back, rib and ankle problems. It seems my lawyer sees so many holes in my case, in regards to my treatment, follow up and the fact that I did not have one primary physician through my treatment. I didn't have a regular doctor before the accident and didn�t attain one thought recovery. Everything was so overwhelming and I felt like a deer in headlights in regards to anything accident related. I had flash backs, nightmares and would become agitated, angry and have anxiety attacks when doing anything accident related. I feel like my lawyer is not evaluating my case affectively. I again feel stuck and as though I don�t have anyone on my side. I don�t think there is anything I can do about it, am I correct, or do I have some options?
2 Answers from Attorneys
Yes, you can change lawyers any time you want. You don't need any reason, although it sounds like you may have one. Not trusting your lawyer is enough.
Contact a new lawyer and discuss things with him. He or she will handle the changeover if you decide to go forward. My suggestion is not to tell anyone about this, just let the new lawyer handle all of it.
A client has the absolute right to change lawyers in a matter like this.
The problem that someone seeking to change lawyers faces is that a new prospective lawyer may have some concerns about taking on the case.
First, lawyers are naturally concerned that the client who wants to change lawyers may be a "difficult" client, perhaps with wholly unrealistic assumptions. The potential second lawyer also knows that some people tend to be dissatisfied with every professional they deal with and may well be concerned he or she will just be the next lawyer you're dissatisfied with.
Second, there is the issue of fees. The first lawyer is entitled to be paid for the work he or she did when the case is concluded and to be reimbursed for the expenses laid out. Thus the second lawyer knows s/he will have to share with lawyer 1 whatever fee is earned -- meaning that the case is worth less to him or her.
Third, there is always a concern that the case may have been somewhat harmed or even botched. It may be you failed to have done something you should have done, or by the first lawyer's not having had you do something that should have been done, or done sooner. Here your extended treatment by a chiropractor may well be regarded by the insurance company as a red flag. There are far too many cases in which a less than scrupulous injured part and/or lawyer engaged in the kind of running up the bill in an effort to attempt to show higher out of pocket costs -- which rightfully makes the insurance company suspicious of the entire claim and thus less likely to settle.
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