Legal Question in Personal Injury in Rhode Island
unethical attorney
inmarch of 05 my wife and children were in an auto accident. my wife was rear ended by a stolen vehicle the driver ran off and was never apprehended. there was substantial damage to the mini-van, and my wife and one of my daughters required medical attention my wife more than my daughter but that is besides the point. we contacted an attorney in rhode island where I work and agreed that he could handle the case it was a no brainer he would take care of everything. here we are three plus years later and this is still not settled. he does not return calls, And when I go looking for him and find him he always states that he will have a disposition of the case within a week, and that he appologizes for not returning calls but has been busy. he assures us with a lot of legal speak and then disappears again for months until I happen upon him and get the same answer. what are our rights, what can we do?
2 Answers from Attorneys
Re: unethical attorney
You can switch attorneys at any time without incurring any additional fees. The more important issue is whether your attorney has taken the necessary steps to protect your rights. For example, if a lawsuit is not bought within a certain amount of time, you will completely lose your rights. Call me if you wish to discuss this further 860.977.0660.
Re: unethical attorney- Can I get a new persoanl injury lawyer?
In Rhode Island (RI), if you are dissatisfied with
your attorney's legal representation, you have the right to obtain a new attorney at any time. The old attorney must turn over the entire legal file to the new lawyers.
Your old attorney may have a statutory lien against your personal injury, slip and fall or automobile accident case. If you prevail or a settlement is reached in the future, your old attorney will have a right to be paid for the legal services that he provided you. However, you will not be required to pay the old attorney upon obtaining a new attorney!
When your case is settled or when you receive funds as a result of a verdict, the old and the new attorney will equitably divide the contingent legal fee. In other words, it will cost you no additional funds, if you retain a new attorney. The old and new attorneys must come to an agreement as to the equitable share to be received by the old attorney. If the client hires a new attorney then the old and new attorney will split the Thirty Three Percent (33%) between them. Most personal injury and auto accident cases are handled on a contingency fee basis in which the attorney agrees to take 33 % percent of the proceeds received by the client. If the client hires a new attorney then the old and new attorney will split the Thirty Three Percent (33%) between them.
The types of cases that are typically handled on a contingent fee basis are: slip and fall, premises liability, car accidents, motor vehicle accidents, etc.
If the attorneys cannot agree on how to divide the attorneys fee then they can submit the dispute to the Rhode Island Bar Association fee dispute arbitration. Otherwise the attorneys can litigate as to how much each attorney is entitled to.
It is not the clients problem how the attorneys divide the attorneys fees because there is no additional expense or cost to obtain a new attorney! If the old and new attorney are disputing the division of the attorneys fees they must still give the client their share of the personal injury or car accident proceeds prior to a resolution of the attorneys fees dispute.
please feel free to contact me.
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