Do I really need my attorney?

Asked over 2 years ago - Dallas, TX

After being injured, I hired an attorney and filed a personal injury lawsuit several months ago. I have a lot of medical bills and have been unable to fulfill my duties as President of my company. The insurance company of the defendant has approached my lawyer regarding settlement. The problem is my attorney is never available to me or them, and when I complain he shouts and has been vulgar and hung up on me. He told me he was sick of my "harassement" and threatened to withdraw from my case.
I already know the name and contact information of the defendant's lawyer. He seems to be a more reasonable person and seems motivated to resolve my case. If my lawyer formally withdraws, is there any risk in me contacting the defense attorney directly to negotiate settlement on my own behalf?

Attorney answers (4)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    10

    Lawyers agree

    Answered . I am sorry you have the misfortune of having hired a lawyer who is not treating your and your case respectfully. You have a perfect right to discharge him and retain another lawyer. Chances are his threat to withdraw is a bluff, because he wants to make a fee on your case. If you do discharge him, he may be entitled to a share of the fee, but you should not let that stop you from interviewing other lawyers if you have no confidence in him. Your choice should not be between a bad lawyer and no lawyer. You need a good lawyer to make sure you are not taken advantage of. The defense lawyer may be a good guy, but he doesn't work for you. His job is to make sure you get as little money as possible. That's exactly what he will do if you are not represented.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Marc Christopher Lenahan

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . That's such a reasonable question, but terribly hard to answer without knowing more.

    A common scenario that would weigh in favor of needing a caring attorney comes to mind. For many, many serious cases, the amount of money almost any attorney will get for you is the same: the limits. But a caring attorney will have also scoured many other options to make sure that there aren't other opportunities being overlooked (THIS HAPPENS ALL THE TIME) without anybody cueing-in the client. And, what can a HUGE difference in limits cases, is the second battle: how much if that money do you get to keep.

    If you take a look at our reviews, you'll get a sense of how important this second battle really is.

    Good luck,
    Marc

  3. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . What I don't understand is that your attorney told you he/she told you the information in your first paragraph. Based solely upon what you post, get yourself another attorney. I always suggest trying to resolve the issue(s) with your own attorney first (usually a miscommunication), but if what you say is so the sooner you change the better for you. Good luck.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You can fire your attorney at any time, but you would want to retain a new one, as you will not be able to get the maximum compensation availabe without an attorney, and you would most likely get a tiny fraction of what a lawyer could get you.

    Lassen Law Firm Personal Injury Lawyers Philadelphia. www.InjuryLawyerPhiladelphia.com Phone 215-510-6755.

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