Legal Question in Personal Injury in New Mexico
misrepresentation?
My car was being driven by a friend. He was rear-ended by an 18-wheeler in a traffic jam. My car was destroyed, he was injured. Friend hired an attorney. Later I hired same attorney & specifically asked was this a seperate case? I was told yes, attorney would take 1/3 of my settlement and 1/3 of friend's settlement. Later attorney lumped cases together, now attorney is trying to settle for less than one third of friend's provable damages and is telling friend that my settlement comes out of that. Attorney also says that apposing attorney will request 6-member jury and that he cannot request 12 member jury. It seems as though I have no vote in decisions. Friend and attorney are going to decide my case without my voice. Can they do that?
2 Answers from Attorneys
Re: misrepresentation?
If you have a clear agreement with the attorney that he is representing you in your property damage claim, then his obligation is to consult with you and advance your interests independently of any other considerations.
Since you are concerned and from your post it appears there could be conflicting interests at stake, and since someone is mistaken that a 12 member jury cannot be demanded after a 6 member jury is requested by the other side, you may do well to obtain a second opinion regarding your situation and advice as to whether or not you need another attorney to represent you.
Re: misrepresentation?
If you have a separate contract with the attorney, he must represent your interests separately. If you have a complaint about an attorney, contact the State Bar of Texas for the telephone number of the grievance committee of your local area.
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