Legal Question in Personal Injury in Oregon

Sueing your attorney

My attorney will not settle my car accident case. It is causing me much stress and I am facing financial ruin. I was told a year ago that it would be settled in a couple of month. Every time I call he has one excuse or another. The accident was over 5 years ago. He says I have a great case, but he seems to be too busy to finish it up. Can I hire another attorney to sue him for lost money's(interest) and stress. I have sustained mild brain damage from a closed head injury. He gets paid when I do so I feel trapped.


Asked on 6/27/01, 7:15 pm

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Suing your attorney

I would recommend you make an appointment with your attorney, instead of making repeated phone calls. You should get better communication that way. It may be that there are legitimate reasons why your case is still not resolved. But, if you still feel that your attorney is being negligent or is doing a bad job, you do have some rights. Among them are to file an ethical complaint against him with the Oregon State Bar, or to sue him for malpractice, if in fact you've been damaged in some significant way.

BUT, if all he's caused undue delay, or damaged your case in some significant way, or if you're convinced he is stalling for some reason, just go to another attorney. If the accident was over 5 years ago, it normally would have been resolved by now. At the very least, you may well want to obtain a second opinion from another lawyer, just like you might from a doctor.

Good luck,

Sam Hochberg

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Answered on 6/29/01, 9:54 pm


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