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My Duties VS Lawyers Duties

New York, NY |
Filed under: Professional ethics

I hired an attorney three weeks ago. My truck is still in storage, not an auto shop.

From my understanding, my attorney was supposed to do all the contacting / talking. He told me so during our initial meeting.

However, he hasn't had the adjusters to come out to look at my truck yet, he hasn't had my truck moved to an auto shop or anything yet (it's been three weeks).

Someone on another website just told me that I am supposed to take care of these things, but my attorney told me not to talk to ANYONE, because clients often say the wrong things. He specifically said: "Whenever anyone calls you, tell them to call your attorney." Nothing else.

I'm lost. Should I be contacting the insurance comp., getting my truck moved to an auto shop, getting it fixed etc. or is this the attorney job?

Attorney Answers 9

  1. I think you should speak with your attorney and get on the same page with him as to who is doing what.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

  2. You need to speak with your attorney and/or look at your attorney-client agreement. A lot of personal injury attorneys do not represent their clients in the property damage aspect of their claim. If that is the case, the attorney should advise the insurance company to deal with you directly regarding the property damage aspect. However, ALL attorneys will tell you not to talk to anyone, including your own insurance company.

    (510) 343-6219. All responses are provided for informational purposes only. Readers should not act upon such material without consulting with an attorney. HEE J. KIM is only authorized to practice law in the State of California. Attorneys at MILLER WASHINGTON & KIM, LLP are only authorized to practice law in the States of California and New York, and South Africa. This information is only intended for the residents of the State of California. Nothing transmitted by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, should be construed as legal advice or the formation of an attorney-client relationship. Contacting HEE J. KIM or MILLER WASHINGTON & KIM. LLP, either by email, telephone, facsimile, any form found on this site, or by any and all other means, does not create an attorney-client relationship. Any response by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, or reliance thereon, does not form an attorney-client relationship. ONLY BY ENTERING INTO A WRITTEN ATTORNEY-CLIENT AGREEMENT, SIGNED BY THE ATTORNEY, IS SUCH A RELATIONSHIP FORMED.

  3. Yes follow Mr. Rothstein's words of wisdom. Speak with the only person that can answer this question, your attorney.

    Good luck.

  4. You really need to schedule a meeting with your attorney and find out what is going on and why.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  5. I agree with the other attorneys' responses. Simply communicate with your attorney to clarify your roles. Good luck!

  6. You have an attorney, so you should call to discuss.

    Only 29% Contingency Fee! Phone: 215-510-6755

  7. You should be talking face to face with your attorney to straighten out any misunderstandings.

    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.

    This ans. does not create an attorney/client relationship.

  8. Many clients expect instant solutions to problems when they hire an attorney. However, the world doesn't work that way. Often, it takes several weeks or even months to accomplish seemingly simple things. Three weeks is not a long time in a situation like this---you need to schedule another meeting with your attorney and this time, make sure you have an understanding of the time frames in which you can expect various tasks to be accomplished. As my colleague notes, you and your attorney need to be on the same page---but I would add that you need to have reasonable expectations. Your attorney probably has many other cases, and the law moves much more slowly than most people realize.

  9. You need to contact your attorney directly with your concerns.

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