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I have a case pending since 2010. My lawyer wont answer my calls. what can I do? can i fire him?

Cleveland, OH |

I was struck by a car while walking across the street. went to treatment for 6 months and was finished in december 2010. Everytime i call the firm they say he (my lawyer) is out of the office and will get back to me. Since the case started there have been 4 paralegals on the case all which have quit the firm. I ve been told they apologize but there is no information in my file because the previous person didnt get it. They are still waiting on the hospital to send records in which i gave them twice. I have only spoken to my lawyer on the initial consultation when he took the case. Im frustated and tire because i cant get a straight answer and my credit is screwed up and bills are overwhelming. Help me I dont know what i can do!

Attorney Answers 3


  1. ***IT SOUNDS LIKE YOU MAY HAVE STATUTORY LIMITATION in your immediate future!!!****

    In Ohio, as a general rule, a claim for personal injury must be filed within two years. Based on the cursory facts supplied, you may be close to your filing deadline. I would consult with another attorney (let them know about your current situation/representation) to ensure your rights are protected.

    As to the issues with your lawyer, I'm sorry you are going through that. I would suggest that you send a final letter, by certified mail, return receipt requested so that you have proof of what your attorney is (not) doing for you. Yes, you can terminate your relationship. The letter (which you may wish to have reviewed by another attorney) will set the tone for what, if anything, he/she may claim they have entitlement to by way of an interest in your settlement/judgment down the road.

    Good luck to you. And consult with someone about your statutory limitations TODAY.

    NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.


  2. Yes, you can fire your attorney. You control the attorney-client relationship. Should you fire your attorney, based upon the fee agreement you signed, your attorney may ask you to pay some minor costs, such as the costs of records, postage, etc.

    As the previous commentor noted, you only have two years from the date of the collision to file a lawsuit seeking damages. Since time is running out on your case (if it hasn't run out already), you'll need to act quickly.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.


  3. I would hope that you would have met with your attorney more than once since 2010. I suggest that you write your attorney a letter in which you request a face-to-face meeting within the next 10 days to review the status of your case. (Keep a copy of your signed and dated letter.) If you do not receive a satisfactory response to that request, you may wish to file a complaint against the attorney with the state Bar Association. You may also wish to consider changing attorneys. There really is no excuse for not having medical records in your file after this long delay.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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