Legal Question in Personal Injury in California
attorney-of-record
Several years ago I contracted with a personal injury attorney to represent me in a lawsuit involving a motorcycle accident in which I was severely injured. This attorney has not exactly moved this case along quickly. And despite securing a non-binding arbitration award for a considerable amount, has not been able to negotiate at settlement with the other party. Last month, my attorney informed me that it was ''no longer financially feasible'' for him to continue to represent me, and he has petitioned the court to be released from the case ''due to a breakdown in communication''. Upon receiving a copy of his petition, I emailed him and asked him to revise his petition to reflect that there has, in fact, been no breakdown in communication, and that I have informed him that I am not inclined to release him myself due to his claim of financial infeasiblity. I have not heard back from him in nearly two weeks, and suspect that he has no intention of honoring my request to revise his petition. Please advise as to my best recourse of action. Do I need to write a letter to the court myself that more acurately reflects the true nature of our relationship and the manner in which he has handled the case? Thanks.
3 Answers from Attorneys
Re: attorney-of-record
From what you have stated, it appears that your attorney wants to withdraw. There may be a number of reasons for that.
I would not want an attorney to represent me further if he wanted to withdraw.
It is time for you to personally consult with a competent attorney about the case. I suggest you sign a substitution of Attorneys and get your complete file and see another attorney immediately. You have the right to a complete copy of your file immediately.
Re: attorney-of-record
Forcing an attorney to stay on when he is unhappy is a most unwise strategy for your case. Get your file and a new attorney. You'd better determine the actual status of the case, because the rules require it be brought to trial within one year; you are far past that it sounds. If you are in SoCal, feel free to contact me if interested in discussing the facts and case value.
Re: attorney-of-record
I am a biker lawyer. You can check out my website at www.bikerlawyer.net
It looks like you may have retained what I call a settlement mill. These are firms or lawyers who will not go to trial for you if the case does not settle before trial. I am not a settlement mill. When I take a case, I fully intend to go to trial. You need to move quickly to get another lawyer as fast as possible.
Check out my website, and then give me a call or submit your case through the website. I will give you a free consultation. We do motorcycle accident cases throughout California.
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