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How to make my attorney start sharing information regarding my son's personal injury case?

Sandy, UT |

The attorney who took my son's personal injury case avoids sharing any information with me. I have called him, written a couple of letters asking for new developments in the case but he keeps ignoring me. My son was injured in September ,2011. The statute of limitations has run out in Sept., 2012. I don't know if the attorney has setteled the case, or the case is headed to court ,or maybe he has even dropped the case. How could I make my attorney give me the latest information regarding the injury case. Maybe he thinks that if he took the case on a contingency basis he doesn't need to be very cooperative with me. Should I complain about him to his boss?
Thank you for your answer!

Thank you for answering me. My son is 10 years old, and his case is against the school district. So the statute of limitation is 1 year. I think I can't retain another attorney because the statute has run out already.

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Attorney answers 8

Posted

I am not sure what the Statute of Limitations is in Utah, but in California it is two years for this type of case. If you are sure that in Utah it is only one year and your attorney has neither settled the case for your son nor filed a lawsuit on your son's behalf, he could be liable for legal malpractice. If you cannot get the attorney to contact you and his boss does not want to help you either, I would recommend contacting the Utah State Bar and talking to them about your son's claim. They should be able to help you and your son. Good luck.

The above is general legal and business analysis. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I have been licensed to practice law in California since 1978. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Albert Lee Crosner

Albert Lee Crosner

Posted

I have just performed a web search for the Statute of Limitations for Utah and it leads me to believe that it is two years for negligence/personal injury just like it is in California. Good luck.

Posted

Clearly you've given your sons lawyer an opportunity to cooperate. Consult with another attorney for advice as your current attorney is dropping the ball.

Posted

Ask your attorney to have a release signed allowing him or her to speak with you about your sons case.

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Albert Lee Crosner

Albert Lee Crosner

Posted

Attorney Oshan has a very good point for you. How old is your son? Is he a minor or not?

Posted

First, how old is your son? If he is a minor, the attorney should share information with you about the case. If your son is not a minor, the attorney would be violating attorney-client privilege if he shared information about your son's case unless your son gave the attorney permission to share information with you. Assuming your son is a minor, schedule an appointment with the attorney, then email or fax a list of questions to the attorney that you would like to discuss and have answered at the appointment. If you do not get answers then consider finding another attorney.

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

Posted

The statute of limitations vary in Utah - 1 year if governmental entity - 2 years for most others. I would suggest one of three approaches assuming your son is a minor and you are a party to the case as his representative or guardian: (1) send attorney a registered letter explaining issue and telling him you will file a bar complaint if you do not hear from him ASAP, (2) find another attorney, or (3) file complaint with the Utah State Bar.

This communication does not create an attorney / client relationship.

Posted

Is he a minor or adult?

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Posted

The answer to your question really depends on whether your son is a minor or not and ultimately who signed the attorney's contact for representation. If you hired the attorney on behalf of you minor child than you certainly should be privileged to any information you request regarding the case. It sounds as if you have lost faith in your attorney and should seek alternative counsel, if anything, just to get your questions answered. Remember, you can hire or fire an attorney for any reason.

Posted

Unless he was injured by a state employee his statute is 2 years for professional malpractice and 4 years for other tort claims. If the attorney isn't cooperating, you can fire him or go to the Bar for help

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