QUESTION
What can I do next if my attorney won’t tell me the amount on my demand letter?
Asked on Nov 05th, 2012 on Personal Injury - Michigan
More details to this question:
Conversations with my attorney is only through email. I've asked several times what amount he had asked for in the demand. I can't get him to answer. I'm thinking he and I should agree. I read that the insurance company won't pay more than the demand and their first offer was very low so something is very wrong. Add that to not getting an answer on the demand amount.
11 ANSWERS
Ronald A. Steinberg
Because what he/she is asking means nothing. What is important is what the Defense offers. He could ask a million dollars for a case that is worth $10,000. So his asking price doesn't mean anything. If you don't trust the lawyer, then you have hired the wrong person.
Answered on Jan 09th, 2013 at 12:37 PM
Civil Litigation Attorney serving Seattle, WA
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The Law Office of Edmund P. Allen Jr., PLLC
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Ask to get a copy of the demand letter.
Answered on Nov 08th, 2012 at 4:29 AM
You cam always seek the advice of a new attorney if you feel the one you have is not responding to your requests. In addition you can ask for a copy of your file which an attorney in California is obligated to provide you.
Answered on Nov 08th, 2012 at 3:37 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your lawyer should tell you his demand. The practical problem with that is that most clients will then assume they are entitled to no less and anything less will be deemed to be negligence on the part of the lawyer. that is why he doesn't want to say. You will then hold him to that high figure which will likely mean the case will not be settled. All settlements are compromises between high and low.
Answered on Nov 08th, 2012 at 3:29 AM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Your attorney cannot settle a claim without your permission, because of course you are (and should be) the decision-maker in terms of the goals and purposes of the representation. If your attorney won't answer your questions, then vote with your feet by firing him and hiring an attorney you can communicate well with. Much of my practice is devoted to bring legal malpractice claims - claims against attorneys by former clients - and nearly every time I meet with a potential client they tell me that they had a gut feeling during the representation that things weren't going well, that they couldn't communicate effectively with the attorney, and that they wished they had taken action sooner. Don't be that person. Take action sooner if your attorney won't communicate with you and hire a new attorney. Be an active participant in the process.
Answered on Nov 08th, 2012 at 3:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you are dissatisfied with communications or services of your attorney you should state that directly to him or her and, if following frank communication you cannot agree, you should consider hiring different counsel.
Answered on Nov 08th, 2012 at 3:09 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You are right. You are entitled to see any demand. Possibly, he really hasn't made a monetary demand, but is trying to gather evidence to justify a higher demand after filing suit. Schedule a meeting to discuss what his plans are going forward. If you are not satisfied, you can always release your attorney and get another one.
Answered on Nov 07th, 2012 at 10:54 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You and he don't need to agree on the demand amount, that's usually a strategic number. The only thing you need to agree on is the settlement amount, if any is offered. Set up an appointment to read the demand letter and ask questions. If you don't like what you hear you can always fire that attorney and get another. Good luck.
Answered on Nov 07th, 2012 at 10:53 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Many attorney will not disclose amount of demand so as to not get clients hopes up, and so as to not put a number in their head.
Answered on Nov 07th, 2012 at 9:26 PM
Rabeh M. A. Soofi
This is unfortunate, and I am sorry it is happening to you. Generally, the files that come in on a case (other than the attorneys' work product) belong to the client. You are obviously entitled to know settlement demands and demand information that comes in. I suggest getting a different lawyer; the below does not sound like there is candor and honesty in the attorney relationship.
Answered on Nov 07th, 2012 at 8:53 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You have a right to know the amount of the demand.
Answered on Nov 07th, 2012 at 7:13 PM