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What can/should you do if you have a lawyer who does not seem to have your best interests at heart?

Lawrenceville, GA |

I signed a contract with a lawyer that once a demand has been made on my behalf despite whether or not I choose to keep him on as a lawyer he will recieve 33% of my settlement. My lawyer however has not been keeping his word to keep me informed and up to date on the status of my claim and is pushing me to go to small claims court where even in the best case scenario I walk away still owing hospital bills.

Attorney Answers 2


Before you consider a different attorney or firing your attorney, you might want to ask yourself if you really had a case. Sometimes people consider themselves to be injured, when in fact there is no clear or easy cause of action. If, after your have thought about it, you still believe an attorney is not properly representing you, you have a number of options open to you, which begin with getting another lawyer, who can explain what your options are. I would also discuss with your new attorney in a frank and open manner, what the most likely outcome is of your case.

I am licensed in New Mexco and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented in the question. A more complete legal areview can be obtained through local counsel.

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As a client, your attorney owes you a duty to work in your best interests and to keep you informed of the progress of your case. Your attorney should have critically evaluated your claim at an early stage in order and advised you of the likelihood of success and the options for handling the claim, including litigation options. From your question, it is impossible to determine the merits or value of your claim and it may well be one which is best suited for small claims court. Decisions of whether and where litigation is instituted generally lie with the attorney. Perhaps a frank conversation with the attorney is in order to put you back on the same page. If that is not helpful, an evaluation of the retainer agreement and its impact on settlement by another attorney might be useful to your decision of what to do next.

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