It is unfortunate that you are enduring discomfort because of the lack of progress being made in your case- particularly if you were injured in the accident and are undergoing continuing treatment.
At this juncture, you may consider the option of retaining a new attorney because of the absence of communication with your current attorney. Please feel free to call my office for additional details of your options.
S. Quinn Johnson, Esq.
3348 Peachtree RD NE, STE 700
Atlanta GA 30326
*Comments provided are not legal opinion and do not establish an Attorney-Client relationship. Johnson PC Attorneys at Law 3348 Peachtree RD NE, STE 700 Atlanta GA 30326 (t) 404.496.4119 (f) 404.855.4119
Without knowing anything more about your situation than what you've stated here, there is almost no valid reason (outside of severe illness or disability of some sort) that would excuse a lawyer's failure to return a client's calls for months and months at a time.
On the other hand, there may be several perfectly-good reasons why a demand package in your case hasn't been sent yet.
If you were injured and are still receiving medical treatment, it is also reasonable for a lawyer to wait until you are released from a doctor's care or otherwise in a position where the medical side of your case is clear enough to where it makes the best sense to send a demand.
A lawyer may want to wait the outcome of the traffic court case because there could be some evidence that comes out there that may be very helpful in bringing about a settlement.
You mention that so far the insurance company is refusing to accept fault. A demand package can sometimes be a waste of your time and your lawyer's time in that kind of situation. So it would be reasonable for your lawyer to await something as important as the traffic court hearing to see if it will give a future demand some "teeth."
I would be careful about listening to everything that the solicitor is telling you and assuming it is the only right way to go about things. There are a lot of important differences between the civil case you have against the truck company and its driver and the court case the solicitor is handling.
Having said all that, I will again state that your lawyer should be communicating with you and returning your calls.
DISCLAIMER: The above is intended for information purposes only and is not legal advice. Legal advice can only be given by an attorney following an informed consultation with a prospective client and a proper investigation of the facts and law that apply. If you are seeking legal advice, contact an attorney licensed to practice law in your area for a meeting.
If you contact your lawyer in writing and document the number of calls that have gone unreturned, you should get a response. However a new attorney may not talk to you until you have terminated the current attorney. You still have about a year left in order to actually file a lawsuit but with trucking cases it can take more than a month to determine who the proper party defendants are; where they are located and get them served with suit papers. As such you need an agressive attorney who is reponsive to your needs and attentive to your case.
If your lawyer refuses to communicate with you at all and you have tried to reach him, file a bar complaint with the state bar of Georgia and seek new counsel.
You can terminate the lawyer for cause. Normally it could take 5 months to get a comprehensive package together if medicals were missing. However, if he has no legitimate excuse then that is another issue.
Mr. Pascale is licensed to practice law in the State of New York. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
I generally agree that not returning multiple phone calls is unacceptable. You need to schedule an appointment with the attorney and discuss the outstanding issues as soon as possible. If that doesn't do the trick, you can always file a bar complaint. If you fire your second lawyer, you may be seen by other lawyers as the 'problem' even if you were not the 'problem'. Many attorneys I know, including myself, are very leery of picking up files that have been worked on by previous lawyer(s) that have been fired. Twenty years of experience has led me to this conclusion. My advice has always been to continue "riding the horse you are on" unless that becomes intolerable. Then pray that some good lawyer will take on the case.
Client/Attorney contact is extremely important! Contact the attorney's office and schedule an appointment with him. During the appointment, list your issues with his service and see if they can be corrected. If possible, avoid firing the attorney, because firing multiple attorney could hinder other attorneys from taking the case. If problems continues, contact the state bar.
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