Attorney Code of Ethics !!

[cmiller2]

I live in New Orleans, Louisiana. I was involved in an automobile accident 2 years ago. I hired an attorney since the insurance company was fighting with me on everything, including paying me book value for my truck and some medical expenses. A friend used this specific attorney along time in the past, so I thought it would be a good idea to use him. This attorney has NEVER returnd my calls in 2 years. I have spoken to him a few times, but only because I am persistent and continue to call him and they finally connect me to him. However, it is usually a few weeks before I actually speak to him when I have a question.

Currently, I called and left messages, beeped him on his pager, and emailed him periodically for over 3 weeks and never receive a returned phone call. After 2 years I am really tired of dealing with this case and this attorney.

I did sign a contigency agreement with him, but am I bound to it if the attorney does not work in my best interest or do what I ask him to do, including returning my phone calls?

Thanks,

Charles Miller, III
[email protected]

 

[I AM ALWAYS LIABLE]

I live in New Orleans, Louisiana. I was involved in an automobile accident 2 years ago. I hired an attorney since the insurance company was fighting with me on everything, including paying me book value for my truck and some medical expenses. A friend used this specific attorney along time in the past, so I thought it would be a good idea to use him. This attorney has NEVER returnd my calls in 2 years. I have spoken to him a few times, but only because I am persistent and continue to call him and they finally connect me to him. However, it is usually a few weeks before I actually speak to him when I have a question.

Currently, I called and left messages, beeped him on his pager, and emailed him periodically for over 3 weeks and never receive a returned phone call. After 2 years I am really tired of dealing with this case and this attorney.

I did sign a contigency agreement with him, but am I bound to it if the attorney does not work in my best interest or do what I ask him to do, including returning my phone calls?

Thanks,

Charles Miller, III
[email protected]

My response:

You, as the client, have an "absolute right" to change attorneys at any time - - and without reason. Remember, as the client, you are the "employer" and the attorney is "your" employee. If the attorney is not doing the job as you want it done, and just like any other employer, you "fire" the employee.

Your new attorney will work out a "fee split" arrangement with your current attorney. So, go ahead and start interviewing a couple of new, potential, attorneys.

Just remember - - you are the "boss."

IAAL

 

[Rany]

Welcome to the south! I have somewhat the same problem with my atty. I'm a natural born researcher so I've done all the leg work for him in my case. I've found the best way to get my atty to respond is to threaten to contact the LA Bar Association. It's absolutely amazing how high my atty will jump.

I can see one major problem with this. Remind you, I'm not an attorney. Statute of Limitations on a personal injury/property damage case (I'm assuming) is only 1 yr from the date of the accident in LA. This means a suit must be filed in the court within that year. Read the law here. http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=CC&title=3492&section

Here's the oath your atty solemnly swore to uphold: http://www.lsba.org/Bar_Admissions/lawyers_oath.html

To file a complaint against your atty go here: http://www.ladb.org/how_to_file_a_complaint.asp

Has suit been filed? If no, you may very well have a case against your atty depending on when you originally contacted him, only because you tried to handle things first.

If yes, you employ your atty. You can fire him and take on another one. The problem at this point might be finding one who will take the case after this amount of time has passed. If you can find one, he will notify your current atty and make him aware that you have new representation and to submit all case work done so far. At this time a bill can be submitted for time involved. But remember, contingency, you don't make anything, either does he. So...you get something, then he gets something, only once the case is settled.

Hope this helps.

 

[cmiller2]

Attorney fees !!

Thanks for your input. I was wondering about one other option. Some friends are telling me it is the "kiss of death" to fire an attorney once they worked on the case this long, although this attorney has not done too much work at all. Do you think it might be a good idea to continue with the same attorney and discuss lowering their fees given the trouble I've had with them?

Thanks again,

Charles Miller, III
[email protected]

 

[Rany]

In my case I consulted another atty and he offered to call my atty and tell him I was getting ready to jump ship if he didn't start responding. I heard from him in less than 5 minutes after the call. Thanks to the other atty.

First I would consult another atty, tell him that you are already represented and the trouble you are having, and see if he will take over the case. You may have to contact several attys to find one who will take it. At that time, then I would fire the current one, but let the new atty handle it.

If you don't find someone to take over the case, I would highly recommend contacting the LA Bar Assoc. without threat.

As far as their fees, many years ago I had to fire an atty and found one to take my case. 2 yrs went by and nothing. My new atty settled in 6 mos and it was an agreeable figure to me. My new atty said my ex-atty had asked for payment for the work he did on my case. Come to find out he had only put in 4 hours in 2 yrs. My atty asked me if we should pay him for his time and my automatic response was absolutely not!

The bad part about this atty I just spoke of had settled a case for me a year or so before in a matter of 9 months and settled one quickly for my mother also. The only thing I can think is he dropped the ball cause it really wasn't a money maker for him and he had better cases. Common courtesy says call the client and tell them the case is going nowhere and they might consider a new atty.

Just a thought...

 

[cmiller2]

Thanks.

I agree.

Thanks for all of your help.