Legal Question in Personal Injury in North Carolina
no contact from attorney
my 13 year old daughter was injured in a car accident Feb. of 2006. We have an attorney representing our case but we have only been able to speak to the paralegal and that was one time. We have been unable to speak to anyone with the exception of that one time. Can we legally change our attorny. Our daughter was released by her doctor about 2 and a half months ago. I have written the attorney and asked that someone contact us and just update us on the progress but still we have heard nothing.
2 Answers from Attorneys
Re: no contact from attorney
Yes, you can find another attorney. Go to the old attorney's office and ask to pick up a copy of the file, or call them in advance and say that you want it and are no longer in need of their services. Good luck.
Re: no contact from attorney
That can be a complicated question, especially if you have signed a representation agreement. On these facts, it appears that the attorney has failed to promptly respond to your inquiries, and thus your discharging him or her may be justified. If it is not justified, then he or she could charge you for their services. In the case of a minor, things are even more complex. There is a quirky aspect of the law which would prohibit the attorney from attempting to enforce a fee against the minor (but he or she could do against you, for his or her services related to recovering medical expenses, which are technically the parents' claims). Your best approach would seem to be to request the return of your file, and to seek other representation, if you do not feel comfortable with your present attorney.
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