Legal Question in Personal Injury in Florida

I am not happy with the way my lawyer is handeling my case

There is no doubt of liability, the other party's insurance accepts liabilty. I have TMJ and I will live with it for the rest of my life and the Dr can prove that I had no previous history of the Disoder.

I don't think my lawyer is doing a very good job and I am wanting to know if I can dismiss him and get a new lawyer. I did sign a contract and the other insurance co has a final offer of $6,500. I want to go to trial and my lawyer doesn't. I will end up oweing medical bills with that settlement.

What are my options?

Help please!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


Asked on 3/19/01, 12:47 am

3 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: I am not happy with the way my lawyer is handeling my case

Of course you can change lawyers. However, the lawyer you discharge will have a right to a charging lien on the file, and will be entitled to recover costs expended in representing your interests and the reasonable attorney's fees relative to the work performed on your behalf. The fee may be limited to the agreed upon percentage of the final offer made by the insurance carrier to settle the case, especially if your current counsel recommended that you accept the carrier's proposed settlement. If the case is about to go to trial, you may want to act quickly as your new counsel will likely want to file a moiton for continuance to buy some time to properly prepare for trial, assuming he or she believes the case should be tried. Without knowing all the facts of your case, it is impossible for me to give you any advice on whether or not to proceed to trial. Good luck.

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Answered on 5/25/01, 4:41 pm
Michael Tobin Michael M. Tobin, P.A.

Re: I am not happy with the way my lawyer is handeling my case

You have an inherent right to change lawyers at any time. You will owe him a fee at the conclusion of the case based upon the value of his services performed. If he refuses to take your case to trial he may be deemed to have abandoned you which might forfeit his right to any fee. However, you should not confuse good settlemnt advice with abandonment. If you are truly troubled and have lost confidence in your current attorney you should schedule an appointment to meet with him to attempt to resolve your differences. You are entitled to seek a second opinion from another attorney who might have stronger convictions and commit to taking your case to trial.

An admitted liability case should not result in a negative balance.

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Answered on 5/25/01, 4:55 pm
Anthony Comparetto Comparetto Law Firm

Re: I am not happy with the way my lawyer is handeling my case

You can always dismiss your lawyer subject to a lien for work he has done. Talk with him and see what facts are keeping the value of your case to $6,000 dollars. Normally, a case like that will settle for more.

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Answered on 5/26/01, 8:00 am


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