• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What to do about unethical non performing attorney

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

explorerw

Junior Member
What is the name of your state (New Jersey)
Here is a bit of background, about 6 months ago as was involved in a vehicular accident in New Jersey, where I was injured, few days after the accident I’ve contacted an attorney, who drove twice to my house, I did sign a contract with the attorney retaining him to pursue a personal injury case.

After that the attorney stopped almost all communications: not responding to emails , phone calls etc,
In 6 months we spoke 2 times over the phone where the attorney was referring to a busy schedule and using it as an excuse to not doing any work on the case. As I understand no legal work was done in past 6 months. In any event I have no confidence in the attorney

My dilemma now is what to do, since I have to terminate contract with this attorney, and if I find and engage another attorney and the case reaches a conclusion, the first attorney can place a lien against settlement.

My question is : should I end the contract without an adverse impact? should I file a ethics complain against the attorney? Should I, can I bring a claim against him? And how do I go about it (breach of contract?) can I do it in small claims court?

Your advice on this matter would be greatly appriciated
 


HomeGuru

Senior Member
What is the name of your state (New Jersey)
Here is a bit of background, about 6 months ago as was involved in a vehicular accident in New Jersey, where I was injured, few days after the accident I’ve contacted an attorney, who drove twice to my house, I did sign a contract with the attorney retaining him to pursue a personal injury case.

After that the attorney stopped almost all communications: not responding to emails , phone calls etc,
In 6 months we spoke 2 times over the phone where the attorney was referring to a busy schedule and using it as an excuse to not doing any work on the case. As I understand no legal work was done in past 6 months. In any event I have no confidence in the attorney

My dilemma now is what to do, since I have to terminate contract with this attorney, and if I find and engage another attorney and the case reaches a conclusion, the first attorney can place a lien against settlement.

My question is : should I end the contract without an adverse impact? should I file a ethics complain against the attorney? Should I, can I bring a claim against him? And how do I go about it (breach of contract?) can I do it in small claims court?

Your advice on this matter would be greatly appriciated
**A: talk to the new attorney that you will hire and he/she will tell you how to handle things.
 

MacShannon

Junior Member
If the attorney has not received any monies on your behalf, then you can hire a new attorney. Dont know about the laws in NJ but where I live, (and this happend to me) once a laywer accepts a check from any insurance co. on your behalf, then they are entitled to payment. Sucks, I know. Same thing happend to me. Mine was all buddy buddy until the first check was cut and then I never heard from him....same story...busy court cases...bla bla bla....they all stink. No one really cares about the person...just how much money they are going to get.
 

justalayman

Senior Member
the first attorney could very well be due money even if there has been no check from anybody yet. It isn't that simple.
 

ilden09

Junior Member
I had this happen went to a new attorney who helped me fire the first one, then they paid the first lawyer out of thier check they got from me.. so I didn't have to pay them.. They battled it out with the other office who wouldnt even contact me
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top