QUESTION
Can I submit them as a supplemental disclosure to the court? What are my options for changing attorneys at this point?
Asked on Dec 23rd, 2013 on Automobile Accidents - North Carolina
More details to this question:
My car was hit hard from behind. I am the plaintiff, with multiple spinal fractures following a rear-end collision. I am a senior citizen with an accident free driving record. I developed life threatening respiratory complications from rib injuries from the MVA, resulting in multiple hospitalizations this past year that have cost more than $100,000 in 2013 alone. The MVA occurred March 2010 in metro Denver while I lived there. I had to move to another state for health reasons to live at a lower altitude. My case has a mediation date of 1/7/14 and a court date of 3/4/14. My attorney has not performed well, did not review my case diligently, nor record my deposition. He has been dishonest with me on multiple occasions. My deposition was paid for by the defense, who used only a court reporter. The transcript does not accurately represent my testimony or me. It is full of misspellings and grammatical errors, though I have years of collegiate and post-collegiate education. The transcript appears to misrepresent me as having less than a high school education, and to damage my credibility as the key witness in the MVA. When I saw how many errors were in the transcript and asked my attorney to provide me a copy of the audio recording, my attorney responded that I could make payments to him for it. However, I learned through the Defense's transcript service source that there was no audio recording made of the deposition. Obviously, I need to change attorneys. My most recent hospitalizations have put me beyond the deadline for the deposition amendments.
7 ANSWERS
Monica Cecilia Castillo-Barraza
You need to consult with a Colorado attorney.
Answered on Dec 27th, 2013 at 10:06 AM
Edwin K. Niles
We are qualified only to answer questions regarding California law. However, as a general principle, one can change lawyers as one wishes.
Answered on Dec 26th, 2013 at 9:32 PM
It will be difficult to get an attorney to take over the case at this late date but you can try. You have the added problem of no longer living where the accident occurred, as in general a local attorney would be better than someone from another state [who would have to get admitted to practice before the Colorado courts]. Most attorneys would be afraid that they might commit malpractice or that you might suspect that they had because of their not being able to prepare the case as you would want. They could move to continue the trial date and there is enough time to subpoena the Drs. to appear at trial. The mediation date could be continued a week or two to give more time to be prepared for that [need to prepare a brief, have letters from the treating Drs., figure out the wage loss, etc.]. As to the deposition, in California, normally no audio tape is made of a deposition.? You can always send a notice that the transcript should be corrected, even though you were told that you are giving only thirty days to do so [no one will bring up the issue of when you made corrections]. I assume your attorney has already determined how much insurance coverage there is so that you are not just spinning your wheels by not making a policy demand.
Answered on Dec 26th, 2013 at 9:31 PM
From what you've written, it is not "obvious" that you need to change attorneys. However, if you are uncomfortable with your lawyer, you should arrange consultations with attorneys in the area where the case is pending. Most will be willing to at least talk with you without a fee.
Answered on Dec 26th, 2013 at 9:30 PM
James Eugene Hasser
Changing lawyers may not be the best thing for you at this point. It usually sends a sign of weakness to the other side. I suggest you set an appointment with your lawyer and sit down and hash through all of your concerns.
Answered on Dec 26th, 2013 at 9:29 PM
Ronald A. Steinberg
I think that whether or not your assessment is accurate, there is a breakdown of the attorney client relationship. You need to consult with another lawyer to determine 1) if the first attorney truly made errors, and 2) if he did, can it be corrected. Most lawyers avoid taking a case at the 11th hour because if there is a result which the client thinks is less than expected, the new lawyer can get sucked into a legal malpractice claim. A deposition has several purposes, and since people do not usually speak as they write, the transcripts of testimony often times are disappointing because the words sit on a page without the benefit of voice tones and body language. A legal consultation hopefully will answer your questions more completely. By the way, have you tried to get your present lawyer to explain what is going on, what he is doing, and why? That might be a good first step. If he cannot explain well to you, or if he refuses to meet with you, then you should dump him. However, if he does explain everything satisfactorily, that would put your mind at ease.
Answered on Dec 26th, 2013 at 9:28 PM
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You have a curious view of a lot of things. You may need another atty. You may need to understand that depositions are done usually by the defense at the expense of the defense if it contains errors you are supposed to read it and correct the errors. If you want a copy you have to pay for it. that is not the attys cost. nothing is atty cost. they are all your costs.you can have a video depositions if you want one and are willing to pay for it. why don't you have a long sit down with your lawyer and ask questions. He can handle the questions. You don't need to second guess him if your lawyer is a bum fire him and hire another. He may on that basis get the matters postponed.
Answered on Dec 26th, 2013 at 9:56 AM