How do I release my current attorney from my auto accident according to our verbal agreement and his lack of due diligence?

Asked over 1 year ago - Atlanta, GA

I was hit by a dump truck December 19th in Ga however I live in Louisiana.
The attorney I have now and I mad a verbal agreement that if he cannot get me to seek medical treatment he would release my case.
Well its February and I have been to the ER 4 times since my accident because of my injuries.
He has yet to find me a doctor to see and the defendants insurance company just called me and informed me he has not contacted them about my case.
I spent a month trying to reach him with questions about my health and case.
I do not feel like I am receiving proper due diligence concerning my case and I'm very unhappy with the handling of my case.
I am going to start looking for a new attorney to assist me with my case.

Attorney answers (11)

  1. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . I am sorry you are having a difficult time with your health and with the handling of your case. If I understand you correctly, part of the issue is that you are having a hard time getting/paying for medical care? Many attorneys have relationships with doctors where they will treat you in exchange for a lien on your settlement, so in cases where you do not have insurance or another way to pay for your medical care, you can still get treated, and the doctors get paid later.

    Like the other attorneys have stated, send the attorney a letter (I would send it certified mail) informing him/her you want to terminate the agreement. I would also request a copy of your file. S/he may expect a portion of your future settlement as payment for any work done so far (though it does not sound like much has been done) - if that happens, do not agree to anything in exchange for your file - you have right to terminate that contract. Discuss that issue with your future attorney and they can help you navigate the complexity of that.

    You can then contact a Georgia attorney who will aggressively pursue your case. A good attorney will not discuss your case with you right now because you are currently represented by another attorney.

    Once you terminate that relationship with the attorney you currently have, I am happy to talk to you about your case. I would caution you to do this ASAP though, because depending on whether the dump truck was a private company, city/state/county owned, you may have as little as 6 months from the date of the accident to preserve your rights to sue the correct entity.

    Fareesh S. Sarangi
    Sarangi Law, LLC
    Criminal Defense & Personal Injury

    3350 Riverwood Parkway
    Suite 1900
    Atlanta, GA 30339
    Office: 404-996-5157
    Fax: 678-981-8390
    Fareesh@SarangiLaw.com

    * Please note that I am a Personal Injury and Medical Malpractice Attorney practicing in Georgia, but I am not... more
  2. David B Pittman

    Contributor Level 20

    10

    Lawyers agree

    Answered . Send him a letter saying that you want to terminate his representing. Then hire an experienced personal injury lawyer.

  3. Andrew Payne Copenhaver

    Contributor Level 8

    8

    Lawyers agree

    Answered . I agree with all of the other lawyers regarding terminating your current representation.

    As far as medical care, I assume that you do not have access to health insurance? If you do not, I would suggest that, upon terminating the relationship with your current lawyer, seek the services of a reputable attorney in your hometown. Lawyers often have good relationships with Doctors in town and they can refer you to a good Doctor who treat you provided you they are reimbursed from any settlement or judgement. A Louisiana lawyer can handle the insurance claim from LA -- if a lawsuit needs to be filed, they can associate local counsel in GA. Sorry to hear about your current situation and the best of luck to you.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. Kevin Coluccio

    Contributor Level 20

    9

    Lawyers agree

    Answered . I agree with Mr. Pittman. Write and send your attorney a letter outlining your request.

  5. David T. Lashgari

    Contributor Level 8

    6

    Lawyers agree

    Answered . I am sorry that you have faced problems re your accident of Dec. 19. Under Georgia law, you may terminate services of an attorney by sending him a written termination letter. Our firm has successfully represented hundreds of victims of car and truck accidents during the past 2 decades. In addition to being a car and truck accident lawyer, I have more than 30 years experience in accident investigation and engineering. I am a former accident investigator with the US Federal Government. Once you have sent your notice of termination to your attorney and are no longer represented, we will be glad to assist you with your accident of December 19.

    David Lashgari, Esq.
    (770) 612-9400

  6. J. Phillip Boston

    Contributor Level 7

    6

    Lawyers agree

    Answered . I agree with the other attorneys. You should also state in your letter to your attorney that he should send you copies of all documents in your file. You may wish to review my website--www.philboston.com for information about me and about personal injury claims.

  7. Sam Louis Levine

    Contributor Level 14

    6

    Lawyers agree

    Answered . I would be happy to speak with you or refer you to someone that could help you. My office # is (404) 303-8875. Best wishes.

    Sam Levine, Esq.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Simply send him a termination letter. Find a good lawyer on Avvo with a low fee. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. David J. McCormick

    Contributor Level 20

    5

    Lawyers agree

    Answered . As previously stated, all you need to do is write your attorney a letter dismissing him for cause based on his inactions.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  10. David Thomas Dorer

    Contributor Level 12

    3

    Lawyers agree

    Answered . Send your attorney a termination letter by certified mail. That way, you have proof he or she received it.

    Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered... more
  11. Timothy Minthorn Klob

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . I am surprised that your current attorney would not enter into a written contract to represent you. If you and your attorney do have a written fee agreement, however, even the verbal arrangement where he would release you as a client if medical treatment cannot be set up should be part of this written agreement or an addendum thereto.

    Your case is your case, and yours alone. It is not the property of your current attorney or any subsequent attorney. Ultimately, you must make the decision as to whether you and your current attorney can resolve this breakdown in communication, and you must do so by deciding and pursuing what is in your best interests.

    I wish you the best with your claim, with the decisions you must make, and with your continued medical recovery.

    Timothy M. Klob
    Klob Law Firm
    770-554=8100

    Provision of information in response to this question does not create an attorney-client relationship and the... more

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