Say you were to fire that lawyer. Does he give you the file describing what was done and what papers were files with the courts? Does he keep the original and make copies and give them to you? Or do you have to pay for the copies?
In most jurisdictions (I say most, only to cover my ass–I haven’t looked at the standards in every jurisdiction), the file belongs to the client. There is a complication because lawyers get a lien on the client file for their fees, but:
- They generally can’t retain the file if it would prejudice the client’s interests; and
- The lien doesn’t have a value until the case is won or settled if there is a contingent fee agreement.
I have had to point this out to a handful of lawyers and suggest that they won’t like the consequences if I didn’t get the file promptly, but most will make a copy and turn over the original without too much screwing around.
I don’t know how things are going; I’m basically operating in the dark. The paralegal who is now handling my case does talk to me
once in a while. For instance, she called me a month or so ago and told my case is going to litigation and that I might be required to sign a few things.
I’m dealing with a personal injury firm that has a very good reputation. I know my case is probably one of hundreds or thousands but I want to be the only one and I want results NOW.
But I’m satisfied that he is a good lawyer and I won’t fire him at this stage of the game. I’m just frustrated at the apparent lack of progress; the accident that caused my injury took place nearly two years ago.
You’re not giving me legal advice, are you?
I haven’t got a clue; he is working for 30% of whatever money he can get----if I don’t get a settlement, he don’t get nothing. But I expect if I fired him, it would be for free.
I’m sure you are right, as I said above. Its just that it seems to me that it should be an open and shut case; I was sitting at a red light and the guy slammed me from behind----his foot slipped off the brake and we all know how often that happens. Damned poorly designed pedals. Anyway, I eventually had spinal surgery and I am still disabled, according to my surgeon. The guy who hit me was ticketed for careless driving and he told the FHP guy who investigated that the accident was 100% his fault-----to my lawyerly unschooled mind, there should be no question: GIMME THE DAMN MONEY. (He owns his own business and was insured for $500,00; my attorney wants it all but I would be willing to settle for less. According to my paralegal, his insurance company hasn’t made an offer.)
I am not asking for legal advice. I am not your client, so far as I know, unless my attorney is reading the SDMB, in which case, “You’re doing a great job, P&G.”
I missed the edit opportunity; make that last sentence read: But I expect if I fired him, it would not be for free.[
God forbid!!
I don’t know if this issue applies in your case, but in many personal injuries claims, the practice is to wait some significant number of years to see what the actual outcome is. Apparently similar injuries can have widely divergent long-term outcomes, with consequences that don’t emerge for some years. Similarly, some injuries improve over time, not becoming stable (so that it is possible to tell how much functionality has been lost) for some years. Perhaps this is contributing to the delay?
I’m in a similar situation and loving it. I asked him to stonewall a jerk who was suing me for frivolous reasons. Currently, it’s been a year and a half and I don’t think we’re a day closer to court, which is exactly the way I want it.
The brake pedal is the big one. 
Brake pedal? 
:eek:
I’m 69 years old, for God’s sake; I don’t have some significant number of years left. I was making between $1500-$1800 per month delivering drugs to nursing homes and now I’m not; the guy that hit me put an end to our retirement plans inasmuch as I am now disabled and my previous line of work is closed off to me—I can’t lift more than 25 pounds at a time and I can’t drive more than two hours at a stretch, all per my spinal surgeon; my ability to earn extra income to plump up our retirement income is finished. My income, basically, has been cut by >50% and while I’m sure the other guy’s insurance company is perfectly content to wait until I croak, I’m not. I’m the victim; I was able to work and now I’m not. I’ve been put through a ton of pain and I’m not done with it yet and never will be. By the time this case gets to court, I’ll probably be too old to work anyway and where’s the justice in all this?
I know; that’s the system. I just needed to vent and this seemed like an ideal thread to do it in. Thanks for listening and I’m sorry to have hijacked what seemed to be a dying thread.
In my case, brake pedal = cell phone: His foot (read attention) slipped off the brake pedal (read cell phone) and the result was that he slammed into the back of my car.
Sorry LouisB, but I have to ask. What is YOUR insurance company doing?
When in my last accident, AAA (my insurance) was the only company I dealt with. They paid everything and then went after *HIS *insurace company. This was after he rear-ended me at a traffic stop. Actually, he rear-ended the car behind me, with enough force to wedge her car under my back wheels, totalling my truck.
Admittedly, there was no injury involved on my part. But I have to assume that AAA would have acted the same way if there had been.
Florida law requires that all Florida drivers have to carry Personal Injury Protection, known as PIP. My PIP insurance covered all my medical bills, up till my limit was exceeded. So I’m on the hook for several thousand dollars in medical bills, which my attorney is trying to extract from the other guy’s insurance company, along with the usual pain and suffering, loss of income, loss of consortium, etc,. etc. Had I not been injured, I would have let the insurance companies duke it out, believe me. His insurance was very decent about having my car repaired and providing me with a rental car until mine was out of the shop. They assumed full responsibility for that part but they apparently intend to deny that the accident led directly to my spinal surgery and all that entails. I guess I just to wait it out.
What happened to the big expensive cigars? There’s got to be cigars.
This kind of bullshit has amused me for years. People post vast and intimate details about their personal lives and the problems they have on an anon message board.
who gives a flying fuck? Nobody!
Just to keep in the spirit of things, Stoid, I think you are a mean, vindictive bitch and I hope you lose. The tone of your posts over the years suggests that you are very hard to get along with, and I sincerely hope your former boyfriend wins.
Other than that, I have thought you to be an idiot for years. Lol, you are funny.
Ask for copies of all correspondence between your attorney and the insurer (or their attorney). Ask for a 2-5 page status report. Ask that you be copied on all future correspondence.
The additional mailing costs will be added to their costs when they take their fee after the settlement (or judgment), but you’ll find it’s well worth it.
If they refuse to do any of these things, find a new attorney. Keep a copy of your written request for that stuff and their written response (if they refuse, make sure you get it in writing).
This may be a wee bit unreasonable. Attorneys are not students who cough up 2 to 5 page book reports on the say-so of their teacher.
Hey what a great idea to generate revenue. Since the type of case being discussed is usually taken on a contingency basis and none of the work you are suggesting is contemplated in such an agreement then any attorney if he didn’t flat out laugh in you face before telling you to fuck off would ask for about $2000 up front on top of the original contingency.
Original discussion with attorney to make request 1 hr @ $300 per
Paralegal time to prep attorney- 3 hrs @ $75 per
Attorney time reviewing and dictating 2-5 page status report- 2 hrs @ $300 per
Secretarial time to type report and distribute copies- 1.5 hrs @ $50 per
Messenger copy to client $100
Balance dumb ass client tax.
Don’t like it fire me and watch how fast I slap a lien on your case that your new attorney will be legally bound to pay at the conclusion of your case out of your share.
Got any more advice on how to deal with lawyers?