Calling All Legal Experts!

[BigCatDaddy]

Thanks!

[Fire Me Boy!]

Rub some antifreeze on your back?

Sorry, dude. I got nuthin' but good thoughts. Hope everything gets settled for you and the back gets better.

[Chiefnj2]

If you have sufficient damages you will find an attorney willing to take your case.

If leach #2 won't take your case based on the language contained in your agreement with leach #1, you need to go find leach #3 who is undaunted by the agreement you have with leach #1.

[Marty Mac Ver 2.0]

As a client, you have the right to hire or fire attorneys at will.

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

How are you obligated to Atty 1? Did you pay a fee up front? Is he working from a retainer? Is he working on a contingency basis?

If the later --contingency-- you will be responsible for some costs he has incurred during this process. However, I am not sure how your agreement with him is structured.

That said, just tell him that you are unhappy and talk about it mano-e-mano.

If after talking to him and you still want to fire him, make sure you hire a new attorney FIRST and said new attorney reads your agreement FIRST. Tis better to have a new atty on board mid-case than suspending your suit while you find a new atty. All that does is shift the balance of power away from you and to the insurance companies.

[BigCatDaddy]

Originally Posted by Marty Mac Ver 2.0

As a client, you have the right to hire or fire attorneys at will.

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

How are you obligated to Atty 1? Did you pay a fee up front? Is he working from a retainer? Is he working on a contingency basis?

If the later --contingency-- you will be responsible for some costs he has incurred during this process. However, I am not sure how your agreement with him is structured.

That said, just tell him that you are unhappy and talk about it mano-e-mano.

If after talking to him and you still want to fire him, make sure you hire a new attorney FIRST and said new attorney reads your agreement FIRST. Tis better to have a new atty on board mid-case than suspending your suit while you find a new atty. All that does is shift the balance of power away from you and to the insurance companies.

Yes, it was a contingency. I'm just worried he will be me for so much that it won't be worth it to move to another attorney. He said he has a lot of time into it, but I don't see how. Basically the letter and him ignoring my emails have pushed me to look somewhere else.

[Marty Mac Ver 2.0]

When you claim ignoring emails....how many are you talking about? What was the delay? What does your agreement state?

[big nasty kcnut]

Find another lawyer and don't give out too much info that will hurt your case.

[HoneyBadger]

Are you sure this is the best place for legal advice? I mean there are still people here who think Cassel is a good QB...

[HMc]

I have never seen an agreement for engagement based on contingency, nevermind on in Missouri.

But commercially, i would guess that the contract contains terms that make changing to another lawyer prohibitively expensive. Perhaps the lawyer's standard chargeout rate and quite possibly more than that.

If you scan and post the terms of your deal with the current lawyer then there's at least one chap in this thread that can offer guidance (Marty).

The degree to which the current lawyer looks to enforce the termination terms will probably be a commercial decision (ie are you worth taking to court and is it worth going to court over).

[Hog's Gone Fishin]

You're in luk. I just happen to do a little lawyerin on the side. I don't charge much either. Now, lets get this straight. The bastard that ran into you was driving a Mercedes, right ! He was driving while texting and eating a banana at the same time right ! yep, he was! Now, you've been going to the gym for rehab ,right ! I think we can get 50 million out of this bitch. Send me a PM.

[Amnorix]

Before you fire him, I'd suggest that you call your attorney or go visit him and discuss in detail the issues/concerns you have etc.

The letter is probably a realistic concern that you need to have. Don't blame the lawyer that you have a history of prior complaints of back pain, and don't blame the lawyer that you're looking for money while doing exercises. I don't know the nature of your injuries, but back pain is one of the more active areas for fraud or inflated damages claims (not saying yours are), and as a result the entire system (including juries) frowns on them. Now you've got prior history -- that isn't going to help your case any.

And, btw, not directed at you but at this entire board and the entire American public -- I really love how everything is the lawyer's fault. Maybe your lawyer sucks in this instance. God knows plenty of lawyers suck. But all I hear is "some asshole is suing me for a car accident claiming bullshit back inuries -- ****ing lawyers." Then you post "I'm suing for back injuries and the lawyer says I might not get enough because, you know, I've got prior history and I'm continuing to exercise -- ****ing lawyers."

No way to win.

[BigCatDaddy]

Originally Posted by Amnorix

Before you fire him, I'd suggest that you call your attorney or go visit him and discuss in detail the issues/concerns you have etc.

The letter is probably a realistic concern that you need to have. Don't blame the lawyer that you have a history of prior complaints of back pain, and don't blame the lawyer that you're looking for money while doing exercises. I don't know the nature of your injuries, but back pain is one of the more active areas for fraud or inflated damages claims (not saying yours are), and as a result the entire system (including juries) frowns on them. Now you've got prior history -- that isn't going to help your case any.

And, btw, not directed at you but at this entire board and the entire American public -- I really love how everything is the lawyer's fault. Maybe your lawyer sucks in this instance. God knows plenty of lawyers suck. But all I hear is "some asshole is suing me for a car accident claiming bullshit back inuries -- ****ing lawyers." Then you post "I'm suing for back injuries and the lawyer says I might not get enough because, you know, I've got prior history and I'm continuing to exercise -- ****ing lawyers."

No way to win.

I had a history one 1 complaint that was kind of a after thought of why I went to chiropractor. I had a recent MRI showing an acute problem that I never had before and my chiro says I'm looking at a lifetime of issues due to where the problem happened and he's a pretty good chiro IMO. But yeah, the letter and lack of responding to my emails was what pushed me over the top and also a lot of what he said he was going to do he later said he couldn't. For example he said he would file seperate cases and later said he couldn't.

[Gonzo]

Originally Posted by Marty Mac Ver 2.0

As a client, you have the right to hire or fire attorneys at will.

Lawyers depend on their legal fees to earn a living, so most attorneys are motivated to do a good job and make their clients happy. It can cost you time and money to replace your attorney. So before you fire your attorney, explain why you're dissatisfied and tell the attorney what will make you a happy customer. If you're still dissatisfied after having that conversation, then consider changing attorneys.

How are you obligated to Atty 1? Did you pay a fee up front? Is he working from a retainer? Is he working on a contingency basis?

If the later --contingency-- you will be responsible for some costs he has incurred during this process. However, I am not sure how your agreement with him is structured.

That said, just tell him that you are unhappy and talk about it mano-e-mano.

If after talking to him and you still want to fire him, make sure you hire a new attorney FIRST and said new attorney reads your agreement FIRST. Tis better to have a new atty on board mid-case than suspending your suit while you find a new atty. All that does is shift the balance of power away from you and to the insurance companies.

tldr but I'm sure this is good advice because he spells ok.
Posted via Mobile Device

[bevischief]

File a civil suit against the one who hit you.