I am not sure what the Statute of Limitations is in Utah, but in California it is two years for this type of case. If you are sure that in Utah it is only one year and your attorney has neither settled the case for your son nor filed a lawsuit on your son's behalf, he could be liable for legal malpractice. If you cannot get the attorney to contact you and his boss does not want to help you either, I would recommend contacting the Utah State Bar and talking to them about your son's claim. They should be able to help you and your son. Good luck.
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Clearly you've given your sons lawyer an opportunity to cooperate. Consult with another attorney for advice as your current attorney is dropping the ball.
Ask your attorney to have a release signed allowing him or her to speak with you about your sons case.
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First, how old is your son? If he is a minor, the attorney should share information with you about the case. If your son is not a minor, the attorney would be violating attorney-client privilege if he shared information about your son's case unless your son gave the attorney permission to share information with you. Assuming your son is a minor, schedule an appointment with the attorney, then email or fax a list of questions to the attorney that you would like to discuss and have answered at the appointment. If you do not get answers then consider finding another attorney.
This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.
The statute of limitations vary in Utah - 1 year if governmental entity - 2 years for most others. I would suggest one of three approaches assuming your son is a minor and you are a party to the case as his representative or guardian: (1) send attorney a registered letter explaining issue and telling him you will file a bar complaint if you do not hear from him ASAP, (2) find another attorney, or (3) file complaint with the Utah State Bar.
This communication does not create an attorney / client relationship.
Is he a minor or adult?
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The answer to your question really depends on whether your son is a minor or not and ultimately who signed the attorney's contact for representation. If you hired the attorney on behalf of you minor child than you certainly should be privileged to any information you request regarding the case. It sounds as if you have lost faith in your attorney and should seek alternative counsel, if anything, just to get your questions answered. Remember, you can hire or fire an attorney for any reason.
Unless he was injured by a state employee his statute is 2 years for professional malpractice and 4 years for other tort claims. If the attorney isn't cooperating, you can fire him or go to the Bar for help
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