This is my situation: My husband and his family used one particular attorney to handle all of their legal issues. When my husband passed away last year, I spoke to this attorney about filing a malpractice/wrongful death law suit against the doctors that treated him. The lawyer told me that he thought I had a solid case, he also took at $ 15k retainer from me, to handle initial paper work and to consult with experts about the case.
It has been an entire year since I last met with him. He doesn't not returned my calls, and when I speak to his assistant she tells me that he is still waiting to get the medical files, and that he'll call me in a week...as far as I know, he has not done ANY work on this at all. I spoke to him back in September and he said that he has been "soooo busy lately that he just hasn't had a chance to work on this but he is going to make it a priority". I feel like he is taking advantage of me (he knows I have an infant at home and that I'm not the "yell and scream" type...so he blows me off. Also, the statute of limitations for the lawsuit is 2 years from TOD so that would be Dec 2009.
I really just want my money back and to tell him to forget it. If he can not show me any work that he had produced in the last year, does he have to give me my full $ 15k back? How do I go about firing him and collecting my money?
Also, at this point I don't even care about the lawsuit, I just don't want him to keep my money...and I am in NJ. Thank you for any help that anyone can offer.
arus.geo
Get another lawyer and sue your ex-lawyer for the retainer fee (if he wants to contest, he must provided an itemized list of all the work he has done on your behalf, and show proof of his work).
and hire another lawyer for your malpractice suit.
shugasheila
You have the right to fire him but you need to see what the conditions of the contract were. When you hired him, I'm sure you signed a contract that outlined everything. It should have told you how much he charges for filing stuff, for communicatint to you or anyone else regarding the case, etc. You need to take a look at that to see how much you owe him or how much he needs to refund you. Hopefully you didn's sign a contract that says your retainer fee is non-refundable. At any rate, just look at your contract you signed when you retained him and that will give you an idea of what to do next.
Conan ILF
Send him a letter stating you expect a full refund within 10 days and he is no longer representing you in this matter. You are concerned about statutes of limitations and he is no longer handling the case. (period) short and sweet. Then wait, if you don't get your check in 30 days file suit in circuit court, no more notice to him is needed in my state.
This ends his representation of you so there will be no more promises or unanswered phone calls. He is done. What he will probably do is send you an itemized bill along with a check for the difference.
Same day, call an attorney who has the time and hire him on a contingency basis. You are fighting unforgiving time lines here. The new attorney may contact the old one about obtaining records or the like. Doesn't matter. Wrongful death is big, easy money for a lawyer. Especially one who takes a 15 grand retainer.
I wouldn't back down on this. A short, simple, written statement from you ends your attorney client relationship and turns him into a debtor to you. Then the process is simple collections of money.
If the new firm (personal injury firm) wants more than 30 percent, keep calling until you can negotiate it as low as you can. Which will depend on the strength of your case.
If this guy tool 15 grand he expects the settlement to be worth at least 50 grand. Most insurance companies settle these claims in December so they can write them off. January and Feb are slower legal months except for some bankruptcies. Then in March they get busy again when people get their taxes back.
Your question was easy to understand and I have seen others take this same course of action before successfully.
Orignal From: Tips: What should I do about attorney? Do I fire him?
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