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Personal injury case/changing of lawyers

Worcester, MA |

Lately we had disagreement with our current lawyer about the quality of counsel in trial and missrapresentation issues. We saw a different lawyer yesterday and talked about taking over all our cases. He told us he will take three days to come back to us, after also talking/asking questions to the senior partner of the opposite party. When we came home, we found out that the current lawyer had submitted a withdrawal notice from all our cases. Should we inform the potential lawyer of the letter?

I have been discontent from current councel, of 2 years, because of his inability to provide an experienced trial lawyer, and not able to meet ever with us, for the entire 2 year period. I expressed the dissagrement and asked him to finally meet with us and he still did not do so. We also found out that he had a lot of misconduct in court. Yesterday we met with a different lawyer, and told him of our situation and are waiting for him to give us an anwser if he will take over our cases, regarding personal injury. He said he will talk to the senior law partner of the defendant to find more of the stage of our case. When we returned home from the appt., we received a note that the current lawyer has withdrawn from our cases. 1- Should we inform the new potential lawyer regarding such note? 2- Will the note expedite his decision, or it will harm it?

Attorney Answers 5

  1. Yup. Good luck with your new counsel! Someone who's unenthusiastic about representing you isn't going to do a good job. Let your new lawyer handle all the transfer paperwork and don't communicate with Lawyer #1 any further.

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  2. Did you authorize the potential attorney to contact the opposing counsel? As the potential lawyer knew you were already represented by counsel and had no knowledge of the withdrawal by your former counsel, such an act of calling this opposing attorney is unorthodox. As for your former counsel, generally you should come to a mutual agreement that you decided to part ways with your attorney. The attorney really showed how unenthusiastic he or she was by filing withdrawal papers without communicating his or her intention to withdraw. If the new attorney decides not to represent you, you have the right to contest your "former" attorney's withdrawal. If you are nearing or at trial, your "former" attorney's withdrawal would be denied by the judge. In some cases, opposing party/counsel can contest the withdrawal as well (e.g. if it is going to cause a delay, etc...) While this potential new attorney takes his three days, I would suggest consulting with other attorneys during this time. Technically, until the attorney decides to take your case and enter an entry of appearance on your behalf, the attorney should not inform anybody that they have even spoken to you.

    The content of this answer should not be relied upon or used as a subsitute for consultation with professional advisors and it should be clearly understood that no attorney-client privilege has been created. A more complete answer and/or more accurate answer can only be provided in a more thorough examination of the facts in a consultation with my firm.

  3. Yes. Make sure the lawyer didn't blow the statute.

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  4. Listen to Talking about the Law this Sunday at 10am on WCRN radio 830 am and a discussion about accident cases and workers comp. Call in with your question if you wish to talk on the air about the issue generally or email the show the question for off the air comments. This sounds much like an other question I just read on AVVO.
    Bob flynn

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