I would like change my attorney i have because i feel they sit down in my case, (car accident case) and lack of communication.

Asked over 1 year ago - Houston, TX

back in 2009 i had a car accident i hire an attorney everything going well till the last year when the lack of staff retention and communication, i fell like they just stop on working my case i gave them absolutely everything that their ask. but seems like they are not in the rush to finish this, can i change attorney?

Attorney answers (7)

  1. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . The way to go about this is to find another attorney to go over things with you to determine what should be done. Normally I would suggest you write the lawyer a letter asking for information, but there may be a bigger problem if a lawsuit has not been filed yet. IF a lawsuit is not filed within 2 years of a collision, the claim is gone, except under rare circumstances. A lawsuit may have been filed, but if not, that is why they are avoiding you. Talk to another attorney who can figure out what is going on.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . You are the client and have an absolute right to hire and fire your attorney. However, there are some complications to changing attorneys in the middle of a case. Potential new attorneys may be leery of getting involved in the middle of the case, especially if the case is deep in litigation. Of course, they presumably are not going to be as familiar with the case and will have to get up to speed. There will also be a lien for attorneys fees and costs by the former attorney. So with those things in mind, I always suggest having a face to face meeting with your current attorney to express your concerns and to give him/her an opportunity to communicate to you why there has been delays and what is coming ahead. This may satisfy your concerns and save you a lot of trouble. If your present attorney does not satisfy your needs, then you should find an attorney who will.

    Good luck.

  3. Bret A. Schnitzer

    Contributor Level 16

    9

    Lawyers agree

    Answered . I think you should go in and talk to your attorney and let him show you what he has done and what is going on. After that meeting if you still want to switch attorneys post another message. Good luck.

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the... more
  4. Michael Lynn Walker

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . I agree with my fellow attorneys, You have the right to switch attorneys. But at least express your concerns with your current attorney.

    Mike Walker
    Walker Law Group
    www.walkerlawgroup.net

  5. Daniel Nelson Deasy

    Contributor Level 20

    7

    Lawyers agree

    Answered . Sit down with your current attorney and express your concerns. If nothing changes in the next 30 days, make a switch. I say this not knowing if your statue of limitations is about to expire. Address all of this imemdiately.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Michael Gregory Allbee

    Contributor Level 3

    3

    Lawyers agree

    Answered . The power to determine who will represent you belongs to you. Having said that, I would consider speaking with your current attorney.

    First of all, there might be a legitimate reason that things are progressing at their current pace. Hopefully, you'll be able to "get on the same page." If not, you can always fire your attorney. However, before firing your attorney, you should consider the fact that your attorney can maintain a lien for attorneys fees.

    An attorney's lien is a lien that an attorney files to make sure they are paid the attorney's fees they are owed. This prevents people from hiring an attorney, allowing the attorney to do all of the work, and then firing the attorney so that they don't have to pay the attorney's fees that were originally agreed upon.

    An attorney's lien is only for the portion of the settlement that is allocated for attorney's fees. For this reason, the lien shouldn't really impact your settlement. However, other lawyers might be hesitant to take your case because it might be impossible for them to receive fair compensation for their work. This could mean that you find yourself with a case and no one to represent you.

    Good luck!

  7. Howard Robert Roitman

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . A common complaint against attorneys is that they do not promptly respond to client inquiries. Whether an attorney fails to return a client’s call or does not take the time to sufficiently explain a legal matter relevant to the client’s case, a key aspect of a successful attorney and client relationship is that the attorney is able to effectively communicate with his or her client. Indeed, an attorney who is delinquent in communicating with the client is subject to disciplinary action.

    The American Bar Association (ABA) provides a set of rules known as the ABA Model Rules of Professional Conduct which provide a standard of ethics for attorneys to follow. Although these rules do not impose mandatory guidelines for attorneys (therefore they are referred to as “model rules”), states throughout the United States have interpreted and adopted them in developing their own rules of professional conduct for lawyers. Attorneys are subject to discipline under their state’s rules of professional conduct. To view these rules, one may simply visit the website for their state bar.

    Rule 1.4 of the ABA Model Rules which outlines the attorney’s obligation to communicate with his or her client

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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