Legal Question in Personal Injury in Maryland

Re: Lying Lawyer

You need to realize that the case always belongs to you and not to the lawyer you hire to help you resolve it. Therefore, you have an absolute right to discharge the lawyer and take your file back. The lawyer has an ethical obligation to return any papers in your file to you, except his own notes. He also has an obligation to cooperate with any new attorney you hire. On the other hand, he will probably expect and may be entitled to compensation for any work he's done on the case thus far. If there is a dispute as to the amount of compensation to which he is entitled, you can submit the dispute to an arbitration panel through the local bar association in your county at no cost to you.

Hopefully the lawyer complied with the applicable notice requirements set forth in federal and state laws that come into play when one is making a claim against a governmental entity. These requirements are very strict and failure to meet the deadlines can prevent you from being able to pursue your claim in court. Since your claim is now about a year old, it's imperative that you check on this right away.

If you do decide to change lawyers, you should write a letter to your current lawyer notifying him and requesting your file immediately. If I can be of further assistance, you can contact me at 301 986-4555.

Robert Sher

Re: Lying Lawyer

An attorney has an obligation to keep a client informed about the status of the case, act with reasonable diligence and promptness and provide competent representation. From what you have written, it strongly appears that your current attorney is failing you in these respects. Additionally, you should feel comfortable with your attorney and confident that he is pursuing your best interest. If not, it is time to hire a new attorney. You can obtain the names of attorneys who may be able to represent you from the local bar association or an online web site such as martindale.com. I would suggest speaking with several attorneys before selecting the one who can best represent your interest. Please feel free to contact me if you would like to discuss the matter in more detail (301) 838-8950.

Re: Lying Lawyer

I see that plenty of lawyers have stepped up to the plate to answer YOUR question. I presume that all of them told you that you have the right to fire your atty at any time (though there is a possiblity that your attorney may still have some claim for a fee, this is something that will have to be dealt with by your new attorney -- as the old and new atty will have to divide one fee).

If you have not already made other arrangements, I would be happy to evaluate your case. Please feel free to call me at your convenience.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Lying Lawyer

Just do it. Find another lawyer and tell the first one that he's fired. It may well be that your claim is not against the government, but instead against the lawyer. If this was the federal government, you are still probably OK, and a Federal Tort Claims Act notice can still be filed with the appropriate agency. If it was a state or local government vehicle, however, you may be out of luck, as there is a 180-day notice/demand requirement for tort claims against local government entities and one year for claims against the state government. Failure to give such notice can be fatal to your claim. See another lawyer ASAP.