Legal Question in Personal Injury in Illinois

Re: Should I fire my attorney?

Yes you can fire your attorney at anytime. However, you should read over your paperwork as your submission sounds strange. Most attorneys take a P.I. case on a contingency basis. I have never heard of an attorney taking one on a "pro bono" basis. Contingency means the attorney does not get paid unless he or she obtains a recovery for you. Pro Bono means the attorney is taking the case for free regardless of recovery. If it is contingent, you may fire the atotrney but he may be entitled to some compensation if there is recovery.

If pro bono, he or she is not entitled to pay at any time.

Re: Should I fire my attorney?

You may fire your attorney at anytime. He works for you. However, he will be entitled to compensation for the work he has done so far.--Although if he took on the work pro bono, then that should not be an issue. I take it that you have something from him in writing stating that the work is being done pro bono.

Have you spoken with him about the status of the case? Some personal injury cases may go on for a long time. Aside from injuries, there are many things that must also be proven and further, there is also the insurance companies who if they do not offer any money for settlement, there is nothing else to do but to continue with the case and go through the long litigation road.

I am curious to know the status of your case. I suggest you request a written status from your attorney and this is how you must do it: 1) write a letter asking your attorney to provide you with a detailed status of your case within thirty days. 2) send the letter certified mail. 3) if he does not respond within 30 days (and do not call or contact him before the 30 days are up) then call him and given him one additional week to respond. Let him know, at that time, that he is bound by Rules of Professional Conduct to give you a detailed status of your case and that if he does not do so, you will take the matter further.

I do not know of any attorney who would not respond to you under the above scenario.

Once you have your status, then you will know why the case has taken so long. There may be a very good explanation for it--or there may be not. At this point, from the information you have given, it is impossible for me to know one way or another.

If the guy is incompetent, thank him for his pro bono efforts, get your file and consult another attorney. I will be more than happy to review your file if you want--initial consultation with me is always free.

I hope this helps-

Taradji

Re: Should I fire my attorney?

The other posts are both correct that a lot of things that can slow up the process, especially if insurance companies are dragging their feet. But, the bigger question I have is what do you mean by "has yet to go to Court?" Have you filed a lawsuit? If the attorney has failed to do anything with your claim, the statute of limitations may have run, meaning you may not be able to pursue the personal injury cases against the other driver anymore.

But not to worry. If the attorney, through incompetence or other poor behavior caused you to miss the statute of limitations, you may be entitled to sue for attorney malpractice and recover the same amount as you could have gotten in the personal injury case.

Please feel free to call if you have questions about any of this. No matter what is going on, you have a right to be informed about your case and you should inform your attorney in writing about your concerns.