Legal Question in Personal Injury in California
Car accident lawsuit
My attorney of three years gave me a very low settlement offer that I was shocked he would even think I would accept. When I told him the lowest offer I would accept he said he couldn't get it and that I should send him a letter stating that was the lowest amount I would accept and he would excuse himself from the case and I could get another attorney. I feel like this is emotional blackmail. the settlement meeting is in December and if a settlement can't be reached it goes to trial in January. I don't want to start all ove with a new lawyer when this is almost over. I know the first thing you might think is that I've made an unreasonable request of money but that is NOT the case. Is my attorney acting ethically?
2 Answers from Attorneys
Re: Car accident lawsuit
I could not give you a better answer than Mr. Roth.
You need to get a new attorney, at least as a second opinion.
Follow Mr. Roth's advice.
Re: Car accident lawsuit
It depends upon the retainer agreement. The judge might not let him out of the case at this point, but do you want to proceed to trial with an attorney that doesn't want to represent your interest. Whether he is acting ethically or not, you don't want him to represent you now. You can file a written complaint with the Bar Association and they will investigate and pursue appropriate action. But that doesn't help you. You must find an attorney that will enthusiastically represent you through trial if necessary. He can apply to the court for a continuance on the trial date to get up to speed.
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