QUESTION
What can we do if our attorney is not taking actions on our Slip and Fall against insured State Farm?
Asked on Oct 25th, 2012 on Personal Injury - Michigan
More details to this question:
Currently have an attorney but has taken no action on the liability aspect. My wife received some compensation for medical payments but the lawyer is dragging his feet as to the liability aspect, which we would like to have closure. I do not want to seek suit against the attorney for mal/misrepresentation but it may resort to that. We are very amicable to a settlement to move on with our lives.
15 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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You are free to discharge your attorney for any reason you want. If a lawsuit is on file, the attorney would have to ask the judge to be permitted to withdraw from your case. Judges in civil and workers' compensation cases routinely grant this request. Depending on the fee agreement you signed with the attorney, he or she may be entitled to be reimbursed his or her costs and expenses as well as fee based on the time spent working on your case. If the attorney has done something wrong, committed malpractice, then you could sue him or her. However, just "dragging his feet as to the liability aspect" likely does constitute malpractice. It may constitute an ethical violation and you could contact Nebraska's Counsel for Discipline and report the attorney's delay. My suggestion before you do any of these things would be to talk to the attorney and find out what the delay is. The attorney could be waiting to hear back from the insurance company, trying to locate witnesses or experts or many other things. Slip and fall cases are not as easy as rear-end car crashes as liability is not always easily established. If after talking to the attorney you are not satisfied with his or her response, you could then look for a new attorney and consider the other options discussed.
Answered on Nov 08th, 2012 at 4:57 PM
Sometimes things are going on in your case which you do not know about. Have you responded to written discovery? Have you given a deposition? It may be that your attorney is serving written discovery on the other side and/or taking depositions. You should ask your attorney for a list of things he/she has done, and what the plan is. If you are dissatisfied with your representation, you can always release your attorney from service and find another attorney. Be aware though, that your current attorney could file a lien for costs incurred and also for the reasonable value of the services rendered to date, which would mean a second lawyer would have to take that into consideration while looking at the case. Make sure any attorney you speak with knows the current status of your case.
Answered on Oct 30th, 2012 at 9:25 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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How is State Farm involved? If you are suing someone else, is State Farm their insurer? If so, you can't sue State Farm. I need more facts.
Answered on Oct 30th, 2012 at 9:13 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Slip and fall cases are not well thought of by anyone except someone who fell and a few chiropractors. They are difficult of proof and judges and juries and lawyers don't like to deal with them. you might want to sit down with your lawyer and discuss the facts of the case and find out if he thinks you have a good case. if you have a good case and he does not want to move forward, get another lawyer, if you don't have a good case forget it. some retail stores wont try to settle such cases since they think it might encourage phoney claims from others it is easy for a jury to find contributory negligence (you lose) and it is hard to prove fault in most cases (in most cases you cant prove the condition existed which caused your fall. You cant prove they knew of the condition and failed to correct it (that is what you normally have to prove).
Answered on Oct 30th, 2012 at 9:12 PM
For any problems with an attorney contact the MI State Bar to file a complaint. You may be able to sue him also. Be careful though, if you're wrong attorney can sue you!
Answered on Oct 28th, 2012 at 2:47 AM
Answer: Hire a new lawyer.
Answered on Oct 28th, 2012 at 2:47 AM
No the statute of limitations if this does not involve a gov't entity is 2 years
Answered on Oct 28th, 2012 at 2:46 AM
Your wife should communicate frankly with?her attorney both in writing and orally to express your displeasure with his legal representation. If she is not satisfied with his response, she should inform him that she intends to get another attorney.
Answered on Oct 28th, 2012 at 2:45 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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If you don't think your attorney is doing a good job, you have the right to get another attorney to represent you. Get your files, and all your papers, including your fee agreement with your present attorney, and make appointments with other personal injury attorneys, and when you find one you like, hire him or her to take? over the case. No attorney can continue to represent a client who fires him or her, though you may have to work out what you owe your attorney, if anything, as of the time you get a new one. Hope this helps. Good luck.
Answered on Oct 28th, 2012 at 2:44 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Tell him you need to put the case into suit or direct you to an attorney that will file suit.
Answered on Oct 28th, 2012 at 2:43 AM
Insurance Defense Attorney serving Ridgeland, MS
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Malone Law Firm, PLLC
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At anytime you are not satisfied with your attorney you can fire him. He would likely have a lien to some extent on your settlement amount. The amount of his lien would depend on how much time he has placed in the case or covered by any employment agreement.
Answered on Oct 28th, 2012 at 2:43 AM
Ronald A. Steinberg
Why don't you make an appointment to meet with the lawyer and have him/her explain what is going on? If he does NOT, then get another lawyer. If he does, then you can have your mind put at ease. A lawyer is supposed to communicate with the client; but they cannot devote all their time to only one client. You have to understand that.
Answered on Oct 27th, 2012 at 2:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Make an appointment, go in to the attorney's office, sit down with him and discuss the case in a thoughtful and understanding manner. Many times, lawyers work on a case but fail to communicate progress to the clients. Sometimes, there are technical aspects that the lawyer is handling, but does not get into long detailed discussions with the client about, because the client isn't there for a legal education. It could be a tactical decision. It could be a logistical problem. You may be right, maybe he's dragging his feet (though he dosen't get paid until you do, so there is disincentive for that). When you talk to him in person, ask "What is your game plan?" Give him a reasonable time to act on it, and if he doesn't, get a new lawyer to take over the case.
Answered on Oct 26th, 2012 at 3:54 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Maybe the case is too small to mess with. Fall cases are almost always disputed by the insurer because they can always try to blame the victim.
Answered on Oct 26th, 2012 at 3:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Insist on an appointment with your attorney and have them or her explain to you what actions are being taken, or not taken and why. Also, remember that there are two parties to this litigation, you and the defendant. You and your attorney do not control entirely the case. All of this is compounded by the courts scheduling which controls both sides.
Answered on Oct 26th, 2012 at 3:48 PM