Legal Question in Personal Injury in Texas

My mother was in a car accident,she had slight head injuries and just picked the first attorney she came across. It has been almost a year and a half and nothing has happened. She just received papers from her atty asking for personal medical and financial info that has nothing do to with this case, ie last 5 year of tax returns, last 10yrs of employment. She was not working when this happened so they shouldn't need any of this. Plus isn't it the atty's office/paralegals job to gather all this info. Also the attys paralegal called the hospital saying she was my mother and requested medical records. What should she do, can she cancel her contract with her current atty?


Asked on 11/10/09, 11:28 am

2 Answers from Attorneys

You can interview another lawyer, but if the first lawyer isn't fired "for cause" s/he can retain a lien on the case. If you truly have concerns about this lawyer, I would suggest you have a sit down meeting with the lawyer, explain your concerns, and see if you can resolve your differences. Only if you are unable to see eye to eye with the lawyer, should you consider switching. Has suit been filed on this case?

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Answered on 11/15/09, 12:42 pm
Jason Kipness Kipness Law Firm

I agree with the first posting attorney's comments.

If your mom is claiming lost wages, the Court may order her to turn over her tax returns and employment records.

If no wages are claimed, request face to face meeting with the lawyer to find out why he or the other side needs this information.

It is not unreasonable for her lawyer to get her medical records from the hospital but it must be done with a written authorization signed by your mother.

For free information on Texas car accident claims, please visit www.kiplawfirm.com or post confidential e-mail through my website.

Good luck!

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Answered on 11/15/09, 3:15 pm


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