Legal Question in Personal Injury in Missouri
Unresponsive lawyer
I have hired a law firm to handle two different cases. One, to represent me in getting child support from a deadbeat ex-wife and two, for a personal injury case. They are very unresponsive and do not communicate with me. It has been two months since I visited with them regarding child support. They still have not served my ex-wife...as far as I know! They do not respond to my phone calls or e-mails.
Secondly, They are also representing me in a serious slip and fall accident that happened a year ago. They were supposed to secure leins against settlement so all my health care providers would be paid at that time and preserve my good credit. This was supposed to have been done months ago. I still have no evidence of that and I continue to get bills and collection notices. Can I fire them? One of the lawyers is working on contingency, the other has a one thousand dollar retainer for the child support case. Will I get my money back?
2 Answers from Attorneys
Re: Unresponsive lawyer
You have an absolute right to fire any lawyer you are dissatisfied with. You are entitled to a refund on any unused portion of the child support retainer. You need to have them formally withdraw from representation in both matters by notifying the insurance company and court. Get your complete file back from them on both cases and seek new representation. I would be happy to consult with you on both cases. You can check me out at injurylawstlouis.com. I have over 31 years of experience in both types of legal matters.
Greg S. Kessler [email protected]
314 725-8000
Re: Unresponsive lawyer
The primary complaint lodged with the Bar Association is lack of communication from an attorney to his client.
The short answer is yes, you can fire an attorney at any time. For the contingent fee lawyer, he is entitled to a lien for the work he has done on the case, to be paid at the end of the case. Whether or not he has done anything is the question, but that can be resolved at the end of your case.
As for the retainer, don't expect to get much back from that. You are entitled to an accounting of the time spent, but it is rare for any retainer to go unspent by most attorneys. If your attorney has truly done nothing, then you should get most of the money back.
The reality is that in most legal matters, much of the work is done behind the scenes, and the client is not aware of the things being done on their behalf. You should demand an accounting of what has been done, however, and be persistent to get answers to your questions. Otherwise, cut your losses and hire competent counsel with whom you can communicate, and who will value the trust you place in them.