What to do with unresponsive lemon law attorney?

[dvl]

What is the name of your state? California

I have an attorney working on my case for over 24 months now. My vehicle been in service for about 15 times in the past 24 and the case was opened maybe 4 months after taking owner ship. I've often left without my car for a week or more each time. More than one sympton has brought me back to service for 3 or 4 times. Essentially everything I read, I'm way past the legal definition of having a lemon.

I know that the mfg (BMW) is aware since they put a red flag on my vin telling all their service department that my vehicle is out of warranty and will require prior approval to work on.

My attorney was responsive for the first month then has been quite for months at a time unless I reach out, even after that it takes weeks to hear back. I requested multiple times to see their correspondence between them and BMW and has been ignored. I reach out to two other attorney tempted and each is requesting to see the correspondence before accepting the case.

What are my option at this point?

 

[Zigner]

You were here nearly a year ago asking how to handle an unresponsive attorney...

https://forum.freeadvice.com/threads/is-there-a-limit-to-how-long-manufacturer-drag-on-lemon-case.661421/

 

[quincy]

What is the name of your state? California

I have an attorney working on my case for over 24 months now ... I requested multiple times to see their correspondence between them and BMW and has been ignored. I reach out to two other attorney tempted and each is requesting to see the correspondence before accepting the case. ...

If you are unhappy with your current attorney, you can fire him and hire another. You are entitled to the case file in your attorney’s possession, which should include the correspondence between BMW and him. If you hire a new attorney, this new attorney can also request that all files held by your current attorney be turned over to him.

The other lemon law attorneys you’ve contacted are making a reasonable request in wanting to see what has happened in your case up to now.

 

[dvl]

If you are unhappy with your current attorney, you can fire him and hire another. You are entitled to the case file in your attorney’s possession, which should include the correspondence between BMW and him. If you hire a new attorney, this new attorney can also request that all files held by your current attorney be turned over to him.

The other lemon law attorneys you’ve contacted are making a reasonable request in wanting to see what has happened in your case up to now.

I've tried multiple times asking for the correspondence but have been ignored. I feel like the lawyer i hired is playing games with me.

Beside trying to get another lawyer to accept my case and reach out to my current attorney for the info needed are there other legal avenue I can use.

I'm at the breaking point by having taking time off and bringing my vehiclel for service all the time. I feel like I have met and exceeded the legal definitely of a lemon of my state. Not sure how a car manufacture can get away with this and try to stretch for over 2 years with no resolution.

 

[PayrollHRGuy]

There are a couple of questions that I'm surprised weren't asked of you the first time you were here.

1. Was the car purchased new.
2. Have you escalated the problem with BMW above the dealership level?

 

[dvl]

Yes purchased new and yes I've tried to escalated the issue with BMW NA prior to reaching out to the attorney.

 

[PayrollHRGuy]

yes I've tried to escalated the issue with BMW

What was the outcome?

 

[adjusterjack]

dvl, have you gone to the attorney's office personally and asked for it?

Have you filed a complaint with the state's attorney regulatory agency?

 

[dvl]

dvl, have you gone to the attorney's office personally and asked for it?

Have you filed a complaint with the state's attorney regulatory agency?

I've requested this from their secretary and everytime is that I'll have your attorney call you. I think I would be more at ease to know where I stand with the case but I've been primaraly left in the dark.

 

[PayrollHRGuy]

I've requested this from their secretary and everytime is that I'll have your attorney call you. I think I would be more at ease to know where I stand with the case but I've been primaraly left in the dark.

That doesn't answer either of the questions asked by @adjusterjack.

 

[dvl]

That doesn't answer either of the questions asked by @adjusterjack.

Sorry been a stressful day. I thought about it but has not done so. Filing a complaint with with the state bar would be taking it to the extreme. Not sure if that would hurt my case but for sure hurt any relationship that remains with this law office.

 

[quincy]

If your attorney is not responding to repeated calls from you for information regarding your case, you can file a complaint with the State Bar.

https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint

 

[PayrollHRGuy]

Sorry been a stressful day. I thought about it but has not done so. Filing a complaint with with the state bar would be taking it to the extreme. Not sure if that would hurt my case but for sure hurt any relationship that remains with this law office.

And what sort of relationship do you have with them that you are concerned with messing up at this point?

 

[dvl]

And what sort of relationship do you have with them that you are concerned with messing up at this point?

You are absolutely correct.

If I did file a complaint, what next? How does it affect my case? How would it make me look when I approach a new attorney when explain to them what happened? I don't want to be viewed as an @ss by other attorney. I'm no expert in this field, just a guy who bought a very expensive F up vehicle and want to have it done right by the manufacture.

 

[quincy]

Here is a link to California’s attorney Rules of Professional Conduct, Rule 1.4, Communication with Clients:

https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.4-Exec_Summary-Redline.pdf

If your lawyer is not keeping in reasonable contact with you (see “a lawyer shall” under the rule), you can message him first that you are considering filing a complaint with the State Bar, and, if he does not respond, file a complaint.