Legal Question in Personal Injury in Illinois
Lazy Lawyer
I was in a motorcycle accident. I contacted a lawyer he filed a law suit,since filing, the statue of limitations has run out. I feel the lawyer does not have my best interests in mind,is it too late to change attorneys? If not, what is the correct process?
5 Answers from Attorneys
Re: Lazy Lawyer
You have not provided enough facts to determine if your lawyer has acted with diligence and in your best interests. Since your attorney filed a lawsuit before the SOL expired, your rights have been preserved. You may change attorneys, that decision is completely up to you.
Re: Lazy Lawyer
Most of the time, the lawyer's work is done behind the scene. Litigation takes a long time and you should be patient. However, that does not mean that your lawyer may not be lazy. Have you talked to him? Have you asked status of the case? If not, you should certainly do so as it is your right to know and be made aware of the progress of your case.
Litigation usually is followed under the supervision of the Court and so aside from you, the Court has your interest in mind and makes sure the lawyer also acts with due diligence. So do not be quick in blaming the lawyer. It maybe that you have a case that will have to be worked up in litigation before it can be settled or that it is one that will not settle and will have to be tried�read: it will take a very long time if that is the case.
Now, to answer your question, you have the right to fire your attorney at any time for any reason. The attorney works for you and you are the boss. You decide who you want to hire to represent you. If you are not satisfied/comfortable with your attorney, change. But, do keep in mind that you will immediately owe all the costs your attorney has so far incurred in the prosecution of your case and a fee for the work he has so far done under the doctrine of quantum meruit. So, if you do fire your lawyer, do not be surprised if you get a bill in the mail shortly thereafter.
I hope this answer your question,
Good luck!
Nima Taradji
Re: Lazy Lawyer
You can substitute lawyers any time. However, I recommend you find a new one before you fire the old one. Finding a new lawyer may not be as easy as it appears initially to be.
Re: Lazy Lawyer
You have the right to switch attorneys at any time, however, it is recommended that you retain the new attorney before discharging your current attorney. Before you decide to switch attorneys, you may want to schedule a meeting with your attorney to find out exactly what work has been performed. Once your attorney filed a lawsuit, the statute of limitations is no longer a concern for you. Unfortunately, litigation can take a very long time.
Re: Lazy Lawyer
If the two year statute of limitations has run out, you cannot file the case. If it is already filed and it was within two years from the date of the accident then you don't have to worry about the statute of limitations. You can change attorneys. It is not too late. You need to contact and hire a new attorney who can go into court and file an appearance on the case as your representative. Your old attorney should be sent notice that he is going to have to withdraw. We hope this helps. Feel free to contact us if you have any more questions.