lazy lawyer

What is the name of your state?CA
I was rear-ended in November of last year. I do have a lawyer on contingency and signed agreement to the usual 33%. I used him becuase he works with my doctors practice and I thought would give me a "discount". I haven't been too much of a squeaky wheel due to this "relationship" But he is not answering my calls and when I do talk to him it is so rushed its incredible.

He sent my med bills and a letter to the insurance company on the 22nd of Sept asking for a bid at a settlement amount. This was without my $2300 dollar MRI bill that I actually had to call and ask for and faxed to my attorney, as he had not gotten around to it yet. He gave them 10 days. Its been over a month. If I was the Insurance company I wouldn't give this lawyer much credence. Oh big scary lawyer. If he did get a bid... He should darn well call me and answer some questions.
Speaking of questions... Can I fire him at this point and hire someone else, or will I have to pay him for what he has done so far (collecting med records and bills)??? thanks for your help!

SADIEREY said:

What is the name of your state?CA
I was rear-ended in November of last year. I do have a lawyer on contingency and signed agreement to the usual 33%. I used him becuase he works with my doctors practice and I thought would give me a "discount". I haven't been too much of a squeaky wheel due to this "relationship" But he is not answering my calls and when I do talk to him it is so rushed its incredible.

He sent my med bills and a letter to the insurance company on the 22nd of Sept asking for a bid at a settlement amount. This was without my $2300 dollar MRI bill that I actually had to call and ask for and faxed to my attorney, as he had not gotten around to it yet. He gave them 10 days. Its been over a month. If I was the Insurance company I wouldn't give this lawyer much credence. Oh big scary lawyer. If he did get a bid... He should darn well call me and answer some questions.
Speaking of questions... Can I fire him at this point and hire someone else, or will I have to pay him for what he has done so far (collecting med records and bills)??? thanks for your help!

Click to expand...

Exactly one year later, and you're still getting rear-ended.

RE: Lazy Lawyer

I'm not certain who wins the slime contest: the personal injury attorney who has a "relationship" with a doctor - or the doctor who has a relationship with a PI lawyer. Toss-up, probably.

Insurance companies keep really good databases. And if your doctor and "lawyer" keep coming up in tandem, their credibility could very well be at issue. If so, the insurance company might just have finally decided to test it by sitting back and forcing a suit.

Still, the timeframe you've described isn't completely out of the realm of reality. You may still get a settlement offer. (The insurance company isn't AllState, is it?) Stop walking on eggshells and start pushing this troll for updates on what's going on. If he won't take your call, call again. And again. If that doesn't work, send him a registered letter explaining your concerns and request a written update on your case. If all your efforts fail, gather up all your evidence and file a complaint with the Bar Association of your state.

A good retainer agreement would have contained provisions for you to pay for what has been done on your behalf if you switch lawyers. Look at what you signed.

You don't state the extent of your damages, but if they are extensive - and ESPECIALLY if they are permanently disabling - don't leave the matter in the hands of someone you don't trust.

Good luck.

Thanks

thanks for a real reply, The extent of my damages were not to extreme nor will be permanenty damaging, perhaps why that is the lawyer is not fighting for his 33% of "not Much". But I just would like to recover some co-pays, some out of pocket expenses from things my medical insurance would not cover, and perhaps get a little money to tune up the emergency used car I had to buy when they paid for the totalled car. I need to make sure it lasts me a long time. Because he took the case on contingency and did do a little work, if I dropped him, I wonder if I would have to fork out a little cash out for his stamps and copy costs from sending out for my medical records and such. Do you know if I do have to pay him? Never needed a lawyer before...

What you'd owe

That is what I meant when I referred to the retainer agreement you signed when your hired him: check it out. Unfortunately, it may include some ungodly hourly rate that you're responsible for - not just stamps and copying costs - OR it could contain a clause that he still gets part of . . .whatever if you switch lawyers. But I'm not convinced he's that great an attorney to be drawing up retainer agreements that good (Or bad. Depending on which side of the desk you're sitting on!)

Let me know what it says - now I'm curious.