Legal Question in Personal Injury in South Dakota
Car Accident.. Lawyer Not Doing Much
I was in a car accident that was another's fault over a year ago. I suffered mainly knee injuries, as well as a blow to the head. I had knee surgery and I am at the best health I will most likely ever be.
I hired my lawyer 3 months ago. I had the first consultation where I gave her all the bills and everything I had acquired relating to the accident. I tried contacting her a month later and got no response, I tried for 2 months straight, left messages with her secretary and on the answering machine and heard nothing back.
Her receptionist finally called me a few weeks ago and scheduled an appointment. After she neglected to show up for the appointment twice we finally met. All the questions she asked could have been done over the phone and all she has done for me so far is retrieve medical records (and has still not accomplished that).
Is it really acceptable to be taking this long? Should I hire a new lawyer? If I do, what am I going to have to pay my first lawyer? Can I get the records that she has received so far?
1 Answer from Attorneys
Re: Car Accident.. Lawyer Not Doing Much
I am not telling you to end your representation with your lawyer--that is your decision.
A client has an absolute right to end their lawyer's representation. A client has an absolute right to their file from their previous lawyer. A lawyer has a duty to communicate with his or her client and has a duty to work efficiently on the case. If the lawyer fails in these tasks then, understandably, the client can end their relationship.
To answer your questions: sometimes it takes a while to get medical records. I cannot comment on whether this delay is your lawyer's fault as I do not have access to the necessary information. Hiring a new lawyer is a decision that you need to make. If you can work out your differences with your current lawyer--that may be easiest. If you cannot make your lawyer work at a level that is acceptable to you, then you should look for a new lawyer. Your former lawyer usually gets paid for her time based upon the work that she has done. Usually this is paid after the case ends and the old lawyer is usually paid out of the attorney fees to the new lawyer. You have an absolute right to your file from your current lawyer.
If you have made the decision to fire your current lawyer, I would be happy to discuss your case with you as I am a South Dakota licensed serious injury lawyer. Thank you for your question.
J D Haas
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