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What to do if you cannot get lawyer to contact you

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ghostsoulsx57

New member
What is the name of your state? Oklahoma

I had an accident at the beginning of January 2021. After a lot of medical treatment, I got an attorney. signed all the paperwork, etc.. after about 7 months, I finished all my medical stuff and all my doctors signed off. So the attorney said we were good to go. A year later nothing is filed. I kept after him for months, he kept saying we have time, the statute for filing doesn't run out until Feb 7th 2023. He called me into his office on Feb 6th, had me sign some papers and filed it that day... One day before the statute was set to run out. There was no time for me to find another attorney or anything.

So, I been sitting here over a year and nothing. He doesn't answer my calls, emails or letters. I do not make myself a pest. I tried calling first. A few times a month. I emailed next, 4 emails in 3 months. I sent a registered letter one time, asking for a case update. No response. Calling does no good, in over a year, not one time has he "been in the office" or called me back after leaving a message.

Then I sent him a very nice worded letter, saying I knew he was busy, but if he no longer wanted to represent me, he could sign a lien release, and I would go find another attorney. 2 weeks later he responds, March 29, 2024. He didn't acknowledge what I said or asked, but then tells me the other side wants to talk and wants a deposition. I was like GREAT. He asked me if I had any FRIDAYS, in April 2024 available to do this. (this was thru email) I immediately replied, Yes, I am available ANY Friday, just tell me the date, time and place and I will be there.

Two weeks into April, 2 Fridays have passed, no response. I email him and tell him I am still available. No response. I waited again. The month of April has come and gone. No communication whatsoever. May rolls on in, I sent an email, asking if there is any update on this deposition. Nothing, silence. Here it is June 3rd, and still no response.

What am I suppose to do here? It's been 3 years now. And its been almost 3 months since he asked me about doing a deposition. I was strung along for a year on it to be filed the day before the statute ran out. Now I am told the other side wants to talk and wants a deposition, then nothing for months and months.
What must the other side think now?

I can't just fire him can I, he would still have a lien on my case, and to be honest no other lawyer would touch it, if he has a lien on it, because they wouldn't get anything out of the deal... DO I file ethic complaints, and if I did, how could I be fairly represented after that, pretty sure he would be upset? What makes it even worse, is after one of our recent elections in our state, he was elected to be be in the House of Representatives..... That why I thought I would give him an out, if he would sign a lien release, because he now has other pressures and such.

I need help, and advice please.
 


quincy

Senior Member
What is the name of your state? Oklahoma

I had an accident at the beginning of January 2021. After a lot of medical treatment, I got an attorney. signed all the paperwork, etc.. after about 7 months, I finished all my medical stuff and all my doctors signed off. So the attorney said we were good to go. A year later nothing is filed. I kept after him for months, he kept saying we have time, the statute for filing doesn't run out until Feb 7th 2023. He called me into his office on Feb 6th, had me sign some papers and filed it that day... One day before the statute was set to run out. There was no time for me to find another attorney or anything.

So, I been sitting here over a year and nothing. He doesn't answer my calls, emails or letters. I do not make myself a pest. I tried calling first. A few times a month. I emailed next, 4 emails in 3 months. I sent a registered letter one time, asking for a case update. No response. Calling does no good, in over a year, not one time has he "been in the office" or called me back after leaving a message.

Then I sent him a very nice worded letter, saying I knew he was busy, but if he no longer wanted to represent me, he could sign a lien release, and I would go find another attorney. 2 weeks later he responds, March 29, 2024. He didn't acknowledge what I said or asked, but then tells me the other side wants to talk and wants a deposition. I was like GREAT. He asked me if I had any FRIDAYS, in April 2024 available to do this. (this was thru email) I immediately replied, Yes, I am available ANY Friday, just tell me the date, time and place and I will be there.

Two weeks into April, 2 Fridays have passed, no response. I email him and tell him I am still available. No response. I waited again. The month of April has come and gone. No communication whatsoever. May rolls on in, I sent an email, asking if there is any update on this deposition. Nothing, silence. Here it is June 3rd, and still no response.

What am I suppose to do here? It's been 3 years now. And its been almost 3 months since he asked me about doing a deposition. I was strung along for a year on it to be filed the day before the statute ran out. Now I am told the other side wants to talk and wants a deposition, then nothing for months and months.
What must the other side think now?

I can't just fire him can I, he would still have a lien on my case, and to be honest no other lawyer would touch it, if he has a lien on it, because they wouldn't get anything out of the deal... DO I file ethic complaints, and if I did, how could I be fairly represented after that, pretty sure he would be upset? What makes it even worse, is after one of our recent elections in our state, he was elected to be be in the House of Representatives..... That why I thought I would give him an out, if he would sign a lien release, because he now has other pressures and such.

I need help, and advice please.
You can (and according to what you’ve said, should) hire a new attorney. Your new attorney can get your case file from your current attorney.

Depending on what your current attorney has done in the way of representing you to date, you may owe him some money. But you should be most concerned with getting your case resolved first.
 

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