Legal Question in Legal Ethics in Florida
touchy situation with lawyer
I feel as though my lawyer has lost
confidence in my case on the basis of
something she was told by the
defense. Since then (almost two
months ago) she has not called or
emailed me. I keep track daily on the
clerk of courts website ti see if
anything is happening and the
defense has recently requested a
case management hearing. A date
was set and from what I can tell, my
lawyer has responded with an
unavailable response. I realize that
she works for me and I am entitled
to be kept up to date, but do not
want to alienate her at this point. We
are going onto our fourth year in the
suit. I sent her a packet about a
month ago containing additional
research on my medical situation to
re enforce my claim, along with going
through the doctor's deposition and
pointing out the multiple
inconsistencies with his statements
and his actual office notes, hoping to
get her fired up again, yet there has
been no response. I do not want to
start over with another lawyer
(mostly because I believe this would
look bad to my case) but am
beginning to wonder if I should. What
are her legal obligations to me as my
lawyer?
2 Answers from Attorneys
Re: touchy situation with lawyer
I would like to add that you shouldn't be in a "touchy" situation with your lawyer at all or worried about alienating her. Your relationship is business, and as a professional, I'm sure your lawyer views it as such. If you have legitimate doubts about her advocacy for your case, you should tell her. But, as Mr. Rose correctly stated, a couple of months of down-time in your case should not necessarily indicate to you that you are unimportant or that she has ceased providing zealous representation to you. It is important to trust your lawyer - including when you don't hear from her for a couple of months if nothing has happened in the case to report.
You are always entitled to retain another lawyer. You will, however, based on your retainer contract, be responsible to the attorney for her costs in representing you over the past four years. Additionally, it will take a new attorney quite some time to be brought 'up to speed' to continue with the case, thus delaying it even longer.
I urge you to stick with your lawyer of four years if you trust her ability to represent you. If not, then it may be time to seek other representation.
Re: touchy situation with lawyer
After four years with your lawyer, you're upset because of a two-month slowdown that's occurred in the summer? Really?
And you're going through you're doctor's deposition? Doesn't that sound more like your lawyer's job?
And you're doing additional research on your medical situation? Are you Dr. House now?
I realize you're injured and probably aren't working, but your lawyer is working--on your case and others. Give her a break and let her do her job. Your lawyer still believes in you and your case, or else she'd dump you. Sometimes no news is good news. Relax and trust your lawyer. Stop doing reasearch and whatever else you are doing and leave all that to the people who do it for a living and you'll be fine.
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