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jknapp44

Junior Member
What is the name of your state? Oklahoma

My wife and I were in the middle of a medical case following a car accident in which she was a victim. Our attorney's legal assistant called me one day asking to set up an appointment in Oklahoma City (an hour and a half from where we live). I told her that I wanted to speak with our actual attorney and figure out if we could schedule the appointment on a Saturday or somewhere closer to home. She told me that she would have the attorney call me. Two days later, I received a certified letter saying that because I had refused to see his doctor, he was giving me one week to contact him and change my mind before he submitted a motion to be removed from our case as our attorney. I called his office, and the phone was answered by an answering service. Again, I asked to speak with the attorney, but gave 4 dates that I knew we could schedule during the coming month if we needed to. I only asked that the appointments be scheduled as late in the day as possible so that my wife and I could go to work for at least part of the day before leaving for the appointment. The next day, his assistant called and set up a conference call between the attorney and me for Tuesday of the following week at 10:00 AM. I understood that she was going to call me at 10:00 and then set up the conference call, so I agreed. Tuesday morning arrived, and I got busy at work and completely forgot about the call. However, she was going to call my cell phone that I carry on my belt nearly all the time, and I was carrying it that day. She never called. I remembered it at lunch and tried to call, but the phone was again answered by the answering service who told me that the attorney would be back in office around 1:00. At 1:30 I called again and the assistant told me that I was supposed to initiate the conference call. I told her that was not the way I understood it, and she said that she would have the attorney call me. The next day, I received another certified letter saying that because I continued to refuse to cooperate, my attorney had submitted the motion to be removed from my case. It came with a copy of the motion and a note saying that I would receive another copy after the judge signed it, and reminding me that he still had his lien on our settlement.

I feel like I have been doing everything that I can to cooperate. What are my rights? What can I do now. I should also mention that he had been on the case for nearly two years and that the statute of limitations ran out shortly after he took the case nearly two years ago. Please help.
 


seniorjudge

Senior Member
jknapp44 said:
What is the name of your state? Oklahoma

My wife and I were in the middle of a medical case following a car accident in which she was a victim. Our attorney's legal assistant called me one day asking to set up an appointment in Oklahoma City (an hour and a half from where we live). I told her that I wanted to speak with our actual attorney and figure out if we could schedule the appointment on a Saturday or somewhere closer to home. She told me that she would have the attorney call me. Two days later, I received a certified letter saying that because I had refused to see his doctor, he was giving me one week to contact him and change my mind before he submitted a motion to be removed from our case as our attorney. I called his office, and the phone was answered by an answering service. Again, I asked to speak with the attorney, but gave 4 dates that I knew we could schedule during the coming month if we needed to. I only asked that the appointments be scheduled as late in the day as possible so that my wife and I could go to work for at least part of the day before leaving for the appointment. The next day, his assistant called and set up a conference call between the attorney and me for Tuesday of the following week at 10:00 AM. I understood that she was going to call me at 10:00 and then set up the conference call, so I agreed. Tuesday morning arrived, and I got busy at work and completely forgot about the call. However, she was going to call my cell phone that I carry on my belt nearly all the time, and I was carrying it that day. She never called. I remembered it at lunch and tried to call, but the phone was again answered by the answering service who told me that the attorney would be back in office around 1:00. At 1:30 I called again and the assistant told me that I was supposed to initiate the conference call. I told her that was not the way I understood it, and she said that she would have the attorney call me. The next day, I received another certified letter saying that because I continued to refuse to cooperate, my attorney had submitted the motion to be removed from my case. It came with a copy of the motion and a note saying that I would receive another copy after the judge signed it, and reminding me that he still had his lien on our settlement.

I feel like I have been doing everything that I can to cooperate. What are my rights? What can I do now. I should also mention that he had been on the case for nearly two years and that the statute of limitations ran out shortly after he took the case nearly two years ago. Please help.

I feel like I have been doing everything that I can to cooperate.

Doesn't sound that way to me.
 

jknapp44

Junior Member
However

The certified letter said that I had refused to see his doctor. I had not refused to see anybody; I simply asked to speak with my attorney to see if we could arrange the appointment around work schedules. Instead of calling me back to talk about it, he sent a certified letter saying that I had refused to see the doctor.

While I was busy at work, I had my phone turned on and with me. If they had called me at 10:00 like I thought they were going to do, I would have been able to answer it. When I remembered that they hadn't called me, I called them. Then I received another certified letter.
 

moburkes

Senior Member
jknapp44 said:
The certified letter said that I had refused to see his doctor. I had not refused to see anybody; I simply asked to speak with my attorney to see if we could arrange the appointment around work schedules. Instead of calling me back to talk about it, he sent a certified letter saying that I had refused to see the doctor.

While I was busy at work, I had my phone turned on and with me. If they had called me at 10:00 like I thought they were going to do, I would have been able to answer it. When I remembered that they hadn't called me, I called them. Then I received another certified letter.
Why didn't you call the doctor to schedule the doctor's appointment?
 

Dandy Don

Senior Member
There is obviously some other reason why he doesn't want to continue with your case, and maybe he doesn't want to reveal the true reason. It's better to not work with anyone who doesn't want to help you with your case. It's time for you to interview with other attorneys to find the best one to help you proceed.
 

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