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I Need A New Lawyer (N/NJ/PA)

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Jackson Phelps

Junior Member
What is the name of your state (only U.S. law)? I was not aware I could use my auto insurance company’s lawyer to represent me – I am extremely dissatisfied with my current attorney’s efforts during the last several months, is it too late to fire my current attorney and use the insurance company’s attorney? (NY/NJ/PA)
 


quincy

Senior Member
What is the name of your state (only U.S. law)? I was not aware I could use my auto insurance company’s lawyer to represent me – I am extremely dissatisfied with my current attorney’s efforts during the last several months, is it too late to fire my current attorney and use the insurance company’s attorney? (NY/NJ/PA)
Why the three states?

It is generally a client's right to fire their personal attorney if the client is unhappy with the attorney's efforts on their behalf. You would need to read the contract you have with your attorney to know the extent of your obligations to the attorney fee-wise.
 

quincy

Senior Member
Please answer the question! Are you prosecuting a tort claim, defending a tort claim or both defending and counterclaiming?

If you are merely a defendant, your failure to cooperate with the attorney assigned by the insurer to represent you could result in voidance of the coverage. Read the cooperation and assistance clause of your insurance contract.

Also if you are in a position to appoint substituted counsel without jeopardizing your rights under the policy, are you prepared to pay a competent trial lawyer $300 to $500 per hour?
He hired and is paying for his own attorney and now he wants to use his insurance company's attorney instead.
 

latigo

Senior Member
He hired and is paying for his own attorney and now he wants to use his insurance company's attorney instead.
Sure enough as strange as it seems that what he is reporting. But the cooperation and assistance clause still looms as a significant factor.

If he is prosecuting a tort claim independently of the carrier from which he has received compensation in regard to the same claim, he could be jeopardizing the carrier's subrogation rights thus voiding the policy and be liable to make restitution.

If he is defending a tort claim covered by liability insurance, then he is duty bound under the cooperation clause to "participate in the preparation and trial of the case in the manner requested by the insurer." * And they are not about to let him turn back the clock!

Anyway it seems that the OP has more money than he has time to elaborate.


[*] Case citations available on request.
[SUP](If I feel like it)[/SUP]
 

ecmst12

Senior Member
Your insurance company will only provide you with a lawyer if you are the defendant. If you're the person bringing the suit, you're on your own. You may have been aware of this, but it's not clear from your post.
 

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