Can i get a new lawyer, or is it too late?
I had a medical malpractice suit, and about a month ago, we had a settlement hearing and i accepted a settlement. I have been having problems with my lawyer for some time now, but i just wanted it done and over with. I went in to my lawyers office 3 weeks ago, to sign a settlement release, and was told it should be about a week before i got my check, and they would call. So today, since its been so long, i called them, and was told that the insurance company had rejected the release and i would have to come in to sign a new one. They had known this for 2 weeks, but i was never called, and who knows how much longer i wouldve waited before they did had i not called. So now it will be several more weeks before i can get the check. I am so sick and fed up with my lawyer and his attitude problem (i didnt understand what he was saying, and he says "how much clearer do i need to make it for you?") just being a dick. At this point is it too late to get a new lawyer and redo my case?
Answers:
I don't think any attorney worth his salt will take a case that has been settled, except for the formalities of drafting a settlement agreement. The prior attorney is going to place a lien on the case for full attorney fees. The new attorney will have a big fight on his hands to receive any legal fees.
I think you should write a letter to your attorney, voicing your concerns.
If you call him often, he will avoid your calls like the plague.
Give him some time to draft the settlement documents, and negotiate with the insurance company.
Good luck!
try
Even if you do get a new lawyer, you may still owe the current one for his time spent on your case. It seams to me you have already agreed to the settlement so just go sign the paper and you never have to speak to the lawyer again.
You can always get a new lawyer, but since it looks like this case has settled and all you really have to do is sign the new release and get the check, it would be a waste of even more time if you got a new attorney at this point. Just sign the new release and be done with this guy.
If you told the judge you would take the settlement, I would take the settlement...I don't know what you mean by "redo my case"--you're getting an amount that satisifies you, so why redo the case?
Isn't suing people wonderful? And aren't lawyers the best thing to come along since Jesus Christ.
You can find another lawyer, but it's just going to cost you more money.
If you are happy with the settlement sign, why pay another lawyer a fee and still end up with the same amount of money!~!
visit them unnanounced.
dress in casual but not disrespectful clothing - ideally, wear a shirt with the sleeves rolled up.
speak respectfully, but extremely formally - as though you were doing something that was only a formality.
ask for the status of your case - when you speak, don't look directly at them - this is a strategy that i use when i'm unhappy with a waitress - it usually makes them listen very hard.
tell them you understand how busy they are - show real empathy for their situation.
ask for concrete dates on when things will happen, and apologetically require them to commit these things to paper.
before you do any of this - get a free consult with another lawyer - make sure you have your ground beneath your feet before you do anything...
while you could get a new lawyer, it would only drag things out further, and you would still have to pay the first lawyer for the time he put in on the case, even though he is on a contingency fee basis. if you read the retainer contract though i believe you will find a clause that allows him to collect fees if you release him and get a new lawyer. also dont forget that you are not his only client. as for the insurance company, they are well with in their rights to reject a settlement they dont like. it is also a common delaying tactic they use to draw out the proceedings to try and make you settle for less money.
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