QUESTION
What will happen now if my Attorney died and never worked on the case the two years he had it?
Asked on Feb 03rd, 2013 on Personal Injury - Louisiana
More details to this question:
I had a personal injury case that I filed December 24, 2011. In that that time I never heard from the attorney but I left multiple calls and emails and none were ever returned. Yesterday I received a letter from another Attorney telling me my attorney died and that’s it. What are my options if I do not want to pursue this case with the designated law firm left to handle my case and what happens with the case now?
22 ANSWERS
Christian Joseph Menard
Typically when an attorney dies, someone associated with him wool send out notice that the attorney had ceased practicing law due to his death. You need to find a new attorney who can pick up the ball and continue handling your case. Your case can continue with your new attorney.
Answered on Feb 07th, 2013 at 6:48 PM
Ronald A. Steinberg
Quickly find another lawyer and tell him/her the problem. That lawyer will want to find out about the case and all problems before stepping in. I would be worried about inheriting a malpractice claim. I might require the client to absolve me of any liability for anything done improperly by the previous lawyer, or anything not done at all.
Answered on Feb 06th, 2013 at 10:48 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If you do not wish to continue your case with the law firm that "inherited" it from your prior attorney, all you need to do is to find another attorney who would agree to take the case. Your new attorney will give you a form letter to sign, and take the case from the firm that holds it now. If your search for a new attorney is likely to take more than a few days, it would be advisable to send a letter to the law firm that has your case now, telling them that you do not authorize them to represent you and requesting an appointment for picking up your case file. If you paid any retainer to your previous attorney, ask your new attorney to try to get a refund (it will not be easy, and you might end up losing that retainer; but you should, at least, try).
Answered on Feb 05th, 2013 at 11:53 PM
You should contact another attorney as soon as possible to evaluate what's going on with your case. You need to know where the case is in the litigation process. If he actually filed the complaint, then there should be a lawsuit pending.
Answered on Feb 05th, 2013 at 11:51 PM
James Eugene Hasser
You have the right to use the lawyer of your choosing. What happens with your case now will depend on where it stands procedurally. You need to seek legal advice from a lawyer familiar with Alabama accident law. You may also want to contact the local or State Bar Association. They will guide you through your options.
Answered on Feb 05th, 2013 at 11:51 PM
Thomas Edward Gates
You are not obligated to stay with the firm and, given their record, you should seek alternate counsel. You have a right to get your file and that will show if any work was done. You may be facing a Statute of Limitation concern. Generally, you have 3 years from the date of the injury to file a lawsuit. If this time has passed, you have no legal recourse against the other party. However, you would have legal recourse against your deceased attorney and his law firm.
Answered on Feb 05th, 2013 at 11:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a right to the attorney of your choice, find one and have them deal with the "designated" firm. Do it quickly.
Answered on Feb 05th, 2013 at 11:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Well, if the case was filed and is still active, he must have done something. I suggest you talk with the new firm and see what they have to say. Who knows, you may like them. If not, find another firm and have the one you like take over the case.
Answered on Feb 05th, 2013 at 11:48 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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You have the right to discharge the prior firm and hire a new attorney and given that they did nothing on the case, they should not have a lien either.
Answered on Feb 05th, 2013 at 11:47 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Your options are to let the new firm handle the case, or retain another attorney. The case will proceed the same as it would have had your attorney not died. If it comes up for trial without the new attorney having sufficient time to work on it, the new attorney may get a postponement.
Answered on Feb 05th, 2013 at 11:47 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are free to get another attorney at any time.
Answered on Feb 05th, 2013 at 11:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can retain a different attorney and still pursue the case if the statute of limitations has not run.
Answered on Feb 05th, 2013 at 11:45 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You should consult an attorney.
Answered on Feb 05th, 2013 at 11:42 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can hire a new lawyer and have your file transferred.
Answered on Feb 05th, 2013 at 11:42 PM
Your case is still active. You may discharge the law firm currently handling you case and hire another. Otherwise, contact the Oklahoma Bar Association for guidance.
Answered on Feb 05th, 2013 at 11:41 PM
You have the right choose your attorney. If you signed a contract with an attorney that has since passed away and no one took over the firm that you signed with, then you can choose another attorney to represent you. You may have to reimburse the firm you signed with for their expenses and amount of work done.
Answered on Feb 05th, 2013 at 11:40 PM
You are free to hire any lawyer you please, and are not required to use the lawyer who has contacted you. Your new lawyer can negotiate the fee situation with the prior lawyer(s).
Answered on Feb 05th, 2013 at 11:38 PM
You can sue his estate for malpractice.
Answered on Feb 05th, 2013 at 11:36 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can change your attorney at any time. Shop for a new lawyer if you are not happy with the one you have. He or she will advise you of your options. The case can still proceed and the judge should be understanding of your lawyer dying.
Answered on Feb 05th, 2013 at 11:36 PM
You need to find a new attorney right away, there may be pending court deadlines. If you cannot find an attorney, call the bar association and they will help you. My firm handles personal injury cases in Washington if you want to contact me.
Answered on Feb 05th, 2013 at 11:35 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Is your case still pending? If so, you are not obligated to keep the new lawyer. You can hire any lawyer you want (who is also willing to work for you) to handle the case. If your dead lawyer committed malpractice that caused you injury, you have the right to sue your dead lawyer (you would be suing his estate, and making a claim against any malpractice insurance he had, assuming he had any).
Answered on Feb 05th, 2013 at 11:34 PM
Criminal Defense Attorney serving Baton Rouge, LA
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Big River Trial Attorneys
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Hard to say. You have the right to choose any attorney you would like. As long was a suit was actually filed you should be okay. In Louisiana this case will be considered abandoned after three years. You need to write to the firm and request your file.
Answered on Feb 05th, 2013 at 11:33 PM