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How do I release my current attorney from my auto accident according to our verbal agreement and his lack of due diligence?

Atlanta, GA |

I was hit by a dump truck December 19th in Ga however I live in Louisiana.
The attorney I have now and I mad a verbal agreement that if he cannot get me to seek medical treatment he would release my case.
Well its February and I have been to the ER 4 times since my accident because of my injuries.
He has yet to find me a doctor to see and the defendants insurance company just called me and informed me he has not contacted them about my case.
I spent a month trying to reach him with questions about my health and case.
I do not feel like I am receiving proper due diligence concerning my case and I'm very unhappy with the handling of my case.
I am going to start looking for a new attorney to assist me with my case.

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Attorney answers 11

Posted

Send him a letter saying that you want to terminate his representing. Then hire an experienced personal injury lawyer.

Posted

I agree with Mr. Pittman. Write and send your attorney a letter outlining your request.

Posted

I am sorry that you have faced problems re your accident of Dec. 19. Under Georgia law, you may terminate services of an attorney by sending him a written termination letter. Our firm has successfully represented hundreds of victims of car and truck accidents during the past 2 decades. In addition to being a car and truck accident lawyer, I have more than 30 years experience in accident investigation and engineering. I am a former accident investigator with the US Federal Government. Once you have sent your notice of termination to your attorney and are no longer represented, we will be glad to assist you with your accident of December 19.

David Lashgari, Esq.
(770) 612-9400

Posted

I am sorry you are having a difficult time with your health and with the handling of your case. If I understand you correctly, part of the issue is that you are having a hard time getting/paying for medical care? Many attorneys have relationships with doctors where they will treat you in exchange for a lien on your settlement, so in cases where you do not have insurance or another way to pay for your medical care, you can still get treated, and the doctors get paid later.

Like the other attorneys have stated, send the attorney a letter (I would send it certified mail) informing him/her you want to terminate the agreement. I would also request a copy of your file. S/he may expect a portion of your future settlement as payment for any work done so far (though it does not sound like much has been done) - if that happens, do not agree to anything in exchange for your file - you have right to terminate that contract. Discuss that issue with your future attorney and they can help you navigate the complexity of that.

You can then contact a Georgia attorney who will aggressively pursue your case. A good attorney will not discuss your case with you right now because you are currently represented by another attorney.

Once you terminate that relationship with the attorney you currently have, I am happy to talk to you about your case. I would caution you to do this ASAP though, because depending on whether the dump truck was a private company, city/state/county owned, you may have as little as 6 months from the date of the accident to preserve your rights to sue the correct entity.

Fareesh S. Sarangi
Sarangi Law, LLC
Criminal Defense & Personal Injury

3350 Riverwood Parkway
Suite 1900
Atlanta, GA 30339
Office: 404-996-5157
Fax: 678-981-8390
Fareesh@SarangiLaw.com

* Please note that I am a Personal Injury and Medical Malpractice Attorney practicing in Georgia, but I am not your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. If you would like to discuss your Georgia Personal Injury or Medical Malpractice case, I am happy to discuss your specific situation with you at no cost to you. I can be reached at 404-996-5157 or Fareesh@SarangiLaw.com. If you found this Answer "Helpful" or " The Best Answer", please click the tab indicating that. Thank you!

Posted

As previously stated, all you need to do is write your attorney a letter dismissing him for cause based on his inactions.

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.

Posted

I agree with the other attorneys. You should also state in your letter to your attorney that he should send you copies of all documents in your file. You may wish to review my website--www.philboston.com for information about me and about personal injury claims.

Posted

I would be happy to speak with you or refer you to someone that could help you. My office # is (404) 303-8875. Best wishes.

Sam Levine, Esq.

Posted

I agree with all of the other lawyers regarding terminating your current representation.

As far as medical care, I assume that you do not have access to health insurance? If you do not, I would suggest that, upon terminating the relationship with your current lawyer, seek the services of a reputable attorney in your hometown. Lawyers often have good relationships with Doctors in town and they can refer you to a good Doctor who treat you provided you they are reimbursed from any settlement or judgement. A Louisiana lawyer can handle the insurance claim from LA -- if a lawsuit needs to be filed, they can associate local counsel in GA. Sorry to hear about your current situation and the best of luck to you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Posted

Simply send him a termination letter. Find a good lawyer on Avvo with a low fee. Good luck.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

Send your attorney a termination letter by certified mail. That way, you have proof he or she received it.

Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.

Posted

I am surprised that your current attorney would not enter into a written contract to represent you. If you and your attorney do have a written fee agreement, however, even the verbal arrangement where he would release you as a client if medical treatment cannot be set up should be part of this written agreement or an addendum thereto.

Your case is your case, and yours alone. It is not the property of your current attorney or any subsequent attorney. Ultimately, you must make the decision as to whether you and your current attorney can resolve this breakdown in communication, and you must do so by deciding and pursuing what is in your best interests.

I wish you the best with your claim, with the decisions you must make, and with your continued medical recovery.

Timothy M. Klob
Klob Law Firm
770-554=8100

Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia before all Georgia courts for non-Federal matters with a primary focus on personal injury and workers' compensation. Respondent is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims, and is admitted to practice before the United States District Courts for the Northern Districts of Georgia and Texas, respectively, for federal matters including judicial review of Social Security matters. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.

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