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My Duties VS Lawyers Duties

New York, NY |

I hired an attorney three weeks ago. My truck is still in storage, not an auto shop.

From my understanding, my attorney was supposed to do all the contacting / talking. He told me so during our initial meeting.

However, he hasn't had the adjusters to come out to look at my truck yet, he hasn't had my truck moved to an auto shop or anything yet (it's been three weeks).

Someone on another website just told me that I am supposed to take care of these things, but my attorney told me not to talk to ANYONE, because clients often say the wrong things. He specifically said: "Whenever anyone calls you, tell them to call your attorney." Nothing else.

I'm lost. Should I be contacting the insurance comp., getting my truck moved to an auto shop, getting it fixed etc. or is this the attorney job?

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Filed under: Professional ethics
Attorney answers 9

Posted

I think you should speak with your attorney and get on the same page with him as to who is doing what.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Alan James Brinkmeier

Alan James Brinkmeier

Posted

Well said!

Posted

You need to speak with your attorney and/or look at your attorney-client agreement. A lot of personal injury attorneys do not represent their clients in the property damage aspect of their claim. If that is the case, the attorney should advise the insurance company to deal with you directly regarding the property damage aspect. However, ALL attorneys will tell you not to talk to anyone, including your own insurance company.

(510) 343-6219. All responses are provided for informational purposes only. Readers should not act upon such material without consulting with an attorney. HEE J. KIM is only authorized to practice law in the State of California. Attorneys at MILLER WASHINGTON & KIM, LLP are only authorized to practice law in the States of California and New York, and South Africa. This information is only intended for the residents of the State of California. Nothing transmitted by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, should be construed as legal advice or the formation of an attorney-client relationship. Contacting HEE J. KIM or MILLER WASHINGTON & KIM. LLP, either by email, telephone, facsimile, any form found on this site, or by any and all other means, does not create an attorney-client relationship. Any response by HEE J. KIM or MILLER WASHINGTON & KIM, LLP, or reliance thereon, does not form an attorney-client relationship. ONLY BY ENTERING INTO A WRITTEN ATTORNEY-CLIENT AGREEMENT, SIGNED BY THE ATTORNEY, IS SUCH A RELATIONSHIP FORMED.

Asker

Posted

He didn't give me a copy of the agreement. I spoke with him by phone a day after hiring him, he said he would send the copy but over 15 days later, he still hasn't sent it. Thank You!

Asker

Posted

By the way, why do attorneys say not to speak with anyone instead of telling me the truth that I needed to have my truck moved, fixed, etc.? If he would have told me this, I would have done so much earlier. He led me to thinking he was doing everything and I'd hurt my case by speaking with anyone. Thank You Sir!

Hee Joong Kim

Hee Joong Kim

Posted

Yes, I agree that there may have been a miscommunication between you and your attorney depending on whether he is supposed to be handling the property damage claim for you - that depends again on whether you hired him for that. As an example, my clients explicitly hire me (and it is written in my agreements) for their property damage claim in addition to the bodily injury claim. I therefore tell my clients not to talk to anyone about anything without my knowledge. On the other hand, if a client does not want me to represent their property damage claim, I explicitly advise the insurance companies that I only represent the bodily injury claims and to contact my client directly for anything related to property damages, and my client knows to only talk about property damages with anyone who calls. I hope this helps!

Posted

Yes follow Mr. Rothstein's words of wisdom. Speak with the only person that can answer this question, your attorney.

Good luck.

Posted

You really need to schedule a meeting with your attorney and find out what is going on and why.

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' responses. Simply communicate with your attorney to clarify your roles. Good luck!

Posted

You have an attorney, so you should call to discuss.

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

Posted

You should be talking face to face with your attorney to straighten out any misunderstandings.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. 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 timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Posted

Many clients expect instant solutions to problems when they hire an attorney. However, the world doesn't work that way. Often, it takes several weeks or even months to accomplish seemingly simple things. Three weeks is not a long time in a situation like this---you need to schedule another meeting with your attorney and this time, make sure you have an understanding of the time frames in which you can expect various tasks to be accomplished. As my colleague notes, you and your attorney need to be on the same page---but I would add that you need to have reasonable expectations. Your attorney probably has many other cases, and the law moves much more slowly than most people realize.

Posted

You need to contact your attorney directly with your concerns.