A previous article in this series explored what your attorney should be doing for you in a personal injury (PI) case. This short article addresses how to approach an attorney who's not doing what he's supposed to do.
It's always amazed me how some PI attorneys sit on a case. Consider it. PI attorneys are usually paid on a contingent fee - meaning, they get yourself a percentage of whatever they are able to get for you. Why then would your attorney let your case sit idle? To be sure, the attorney's overhead expenses aren't sitting idle.
The answer falls neatly into two categories - either your attorney is too busy, or he's too lazy. While the former is certainly better than the latter, neither is wonderful for you.
Here's the steps you should take in the event that you suspect your attorney is too busy or too lazy:
1. Speak to or meet with a top PI attorney in your town to find out just what a real attorney would be doing on your case.
These consultations are almost always free.
How do you find the top attorney in your town? Not on TV rather than in the Yellow Pages. If you want, you may call me or email me and I'd be glad that will help you. The easiest method to email me is to get your claim value by filling in the 10 questions in the Claim Calculator link below. That may give me both your email address and specific information about your case (amount of property damage, medical bills, wage loss, etc.) I am able to find, through trial lawyer association list-serves and other means, the most notable attorneys in every section of the United States. I communicate directly with the attorney about your case particulars, and if he's willing to meet with you, I connect you with the attorney to help you schedule a time to meet up or discuss your case.
How will you know an attorney is probably the best locally? Simple - he posts his million dollar results right on his website. Attorneys that I help people find are the best - their results speak for themselves. An attorney it doesn't post their results on their website is not pleased with their results. You can rest assured a lawyer that has repeatedly recovered over a million dollars for individual clients knows how to successfully handle your file. Successful attorneys likewise have reputations that insurance firms know about. That reputation could make a big difference once the insurance company is deciding whether to settle for an acceptable amount or jerk around your lazy attorney until he persuades one to have a low-ball settlement.
2. Fire him or make him quit?
What happens if you hire him? It varies state by state, so talk with the new attorney you meet with. Typically, attorneys are entitled to be compensated for the task they've done on the case up till enough time you fire him. Usually, that is determined by the number of hours he worked multiplied by a reasonable hourly rate (predicated on his experience). Go here must release the file to you (it belongs for you). He may keep a copy of the file, but usually the ethical rules require the copying be done at his expense. The attorney can place a "lien" for enough time he allocated to your case - that is only paid if so when you obtain a recovery together with your new attorney.
Important: If your brand-new attorney really wants your case (and you ask for it), the brand new attorney will most likely pay the old attorney lien out of the new attorney's 1/3 fee. In other words, switching attorneys won't set you back anything extra. Actually, for exactly the same 1/3 attorney fee you're always likely to pay, you now have a far greater attorney who will get you even more compensation for the injuries.
What goes on if he quits? If your attorney quits, he can't claim an attorney lien for the work he's got done. If your attorney quits, you don't need to worry whether your brand-new attorney will consent to absorb the attorney lien within his contingent fee. And the brand new attorney doesn't have to be worried about fighting the old attorney on an unreasonable attorney lien.
A lazy attorney will most likely grow tired of a client who persistently calls the attorney demanding proof the case is moving forward. Frequent calls to the attorney usually do just fine, although it never hurts to "pop by" the attorney's office and have to meet with the attorney, or if he's not available, his paralegal. If no one's available by phone or personally, insist on a day / time and energy to meet in person. Inform them you would like to review the entire file. Once you do meet (or speak by phone), find out once the attorney intends to file suit. Filing suit forces the insurance provider to hire a lawyer (i.e. pay money). It also triggers deadlines the insurance provider must meet. Without deadlines, the insurance provider is pleased to keep your cash in the stock market - that is really how insurance companies have historically built wealth. That's why insurance adjusters are trained to delay the claim so long as possible. By repeatedly demanding that your attorney file suit, or withdraw from the case to help you hire an attorney which will, you may be in a position to get rid of that lazy attorney.