Legal Question in Personal Injury in California
our lawyer is abandoning us.
My wife was in a car accident last year which was not her fault. We got ourselves a lawyer. over this year the lawyer has blown us off, not returned many of our calls to him and left many of our questions unanswered. We have now come to the end, we hope, of this ordeal but once again we can't get this man on the phone. When we call his secratary takes our messages but he never calls us back. We just want to settle and put this all behind us. What can we do? We called another law office for help but they won't give us advice as long as the other lawyer is on the case. Can we sue our current lawyer? where can we go for help? What can we do?
Please help
5 Answers from Attorneys
Re: our lawyer is abandoning us.
It is likely that he will file a complaint in a timely manner to protect your rights and proceed toward trial. It will only increase the settlement offers if there has been any. He is obligated to communicate all offers, so if he hasn't talked to you there probably were none. If it has been over a year, ask for a copy of the complaint.
Re: our lawyer is abandoning us.
fire him
Re: our lawyer is abandoning us.
If you are just calling to get a status on your case, please speak with the secretary. I'm sure she can answer your question. But, if you have something requiring attorney's attention then, have you tried to write him? That'll get his attention. Or, hire another attorney. Or, ask the State Bar Association to help you. In LA their number is (213)765-1000.
Re: our lawyer is abandoning us.
Contact the secretary and tell her you want to substitute in as your own attorney. Go to the office three days later, sign the substitution, and pick up you file. Then go to anyone you want to represent you, and substitute that attorney in. Pretty obviously you disn't have insurance on the car. If you did. You wouldn't have to worry about this.
Re: our lawyer is abandoning us.
Ask for your file. Write to the attorney and say you are dismissing him for failure to return your calls. Get a new lawyer. Any lawyer who wants the case can talk to you and see if the case is worth pursuing. Make sure if you are coming close to the 1 year statute of limitations that a lawsuit is filed on time.