My New Jersey lawyer never communicates with me

[keypadangel]

What is the name of your state (only U.S. law)? I am in WV but my problem took place in New Jersey. It was in the NJ papers but got hushed away.. there were tapes and emails and the employer walked away.. without criminal charge.now we are attempting to take to civil per recommendation of the d.a. who said she felt it would be too hard to convince 12 jurors that I couldn't walk away from the abuse.. but said its 100 percent winnable in civil court.

My problem and complaint is how my case is being handled. Since its contingency..meaning I pay if he wins.. I figure I have to put up with the lack of communication and insulting language at time or he smack me with an enormous fee if I should terminate his services..

I feel some of his actions were not professional. I feel lost as I don't know how to find good lawyers and figure I am stuck with what I have.. I don't want to be belittled constantly by someone who should be in my corner..


Since the occurance took place in 2009 and the lawyer sent me an email without much other than I have to appear in court Dec 7 .. is it too late to think of changing an if i would what are the chances of winning.. I feel that how the lawyer speaks to me in degrading.

 

[Free_Advice]

Is this a workmans comp case? You don't really ask any questions, do you have one?

 

[keypadangel]

case

It's a civil law suit and if you wish to know exactly I can send you a link of the story .. I don't know if I can do so publicly without risking being picked up by the search engines..

I personally feel that lots of people have not done the right thing.. It was a "open a shut case' according to detectives but once it went to prosecutor..it seem to switch hands and was just let go as she said.. you have to convince 12 jurors without any doubt.. all have to agree and that it is better suited for civil courts.


I want to know can a person switch lawyers or is one discouraged not to at this point when the case started in 2009. I personally feel that I am not told whats going on ...that my lawyer doesn't communicate enough with me..

It's not a worker's comp case although there is another lawyer looking into that part of it.

It's a matter of an employer abusing power and keeping me in a hostile ..work situation. where by he ordered and threatened and verbally and emotionally abused me for 8 months. .

I have to message the story for you to get better picture.

 

[Free_Advice]

.. It was a "open a shut case' according to detectives but once it went to prosecutor..


I want to know can a person switch lawyers or is one discouraged not to at this point when the case started in 2009. .

You can switch attnys if you like at any time. Go and seek some out and see their opinion/advice.

As to the cops/DA telling you you have a great case here's a secret: they tell that to everyone ! Just to get you out of their office.

I assume by now the complaint was files, an answer was filed, and discovery is ongoing...don't know if depositions have taken place or if a scheduling order has been entered by the court.

You need an attny to assist you as you are represented by an attny there is little this board can do to assist the case in moving forward.

From 2009? Its starting to get to the age where a trial date should be set in the near future, like in 2012 first quarter, depending on where discovery is at.

 

[keypadangel]

re

I never went to their office on my own..ssomeone tipped off cops.. I never wanted to go they convinced me ..and only after there did I start telling them what was happening.someone else told something was happening.: via a tip.

 

[Free_Advice]

I never went to their office on my own..ssomeone tipped off cops.. I never wanted to go they convinced me ..and only after there did I start telling them what was happening.someone else told something was happening.: via a tip.

Cops have nothing to do with a civil case. Sounds like you never filed a civil complaint now...

 

[keypadangel]

re

It started off as a criminal. . .there were detectives involved.. civil had to wait till that was over. and the prosecutor told me that though what was done was horific she doesn't see that all 12 jurors would believe i had no way to walk away from situation etc.. despite the recordings and emails. which surprises me since that means people can listen to someone brag about their wrong and not see it as wrong. this was on tape as well as the actual ordering around. I have the emails where he threatened etc. yet all that was not enough for the prosecutor to take it to criminal court she told me to take it civil there is a date set but i dont feel comfortable because of the way my lawyer speaks down to and at me.

 

[Free_Advice]

A civil case does not have to wait for a criminal case to end -- you have a statue of limitations ~ this does not stop simply because a criminal investigation is ongoing.

You may be outside the SOL for your cause of action. Waiting for the police to do something? Not a wise move.

What is your cause of action(s) against the potential defendant?

 

[ecmst12]

The case has been filed if there is a court date in December.

You can get a new lawyer but you're going to end up having to pay twice as much in legal fees, your current attorney will get paid for all of the hours spent on your case over the last 2 years (and rest assured there will be MANY) and your new lawyer will still get the standard percentage of your settlement. You can't fire your current attorney without paying him.

 

[Free_Advice]

You can't fire your current attorney without paying him.

He can fire his attny, paid or not. He'll have to wait until the case is over .. then argue for his 1/3rd...depending on the attny-client contract

 

[ecmst12]

The contract will normally state that if the contract is terminated before settlement is reached, the client will have to pay for the billable hours spent and at what rate. At this point, the billable hours might be more than the total settlement value.

 

[Antigone*]

Tired of looking at spam on main page.

LOL... Where the heck is countrygirl when you need her

 

[koolkinkajou]

You know it's New Jersey. Don't bother the attorney too much. U never saw the Sopranos?
Basically the lawyers in these kind of cases try to do as little work as possible and just collect from the insurance policies. These cases can take years to settle if the Defendant wants to fight.. It's not like something is going on everyday.
Sounds like you have them dead to rights but you have not even said if Discovery is going on?
These cases can take years to settle if they go to discovery unless the defendant's insurance wants to negotiate a settlement. Maybe u can ask the attorney to advance you travel money if you can't get there on your own. It's all about the money now.