Tuesday, August 24, 2010

LAWYER WON'T COMMUNICATE WITH ME ABOUT MY CASE

Question:

WHAT SHOULD I DO WHEN THE LAWYER I HIRED TO HANDLE MY PERSONAL INJURY CASE WON'T DO ANYTHING OR TELL ME WHAT'S GOING ON WITH MY CASE?  Tampa, FL

Answer by Attorney Keith Taylor:

The failure to communicate with a client is the number 1 complaint against lawyers, followed closely by the lack of competence.  You may be suffering from both in this situation.  Often times lawyers who do not have experience in handling significant personal injury cases take them on, only to find that they are not as easy as they thought.  At times they get to a point where the unexperienced attorney may not know what to do next; and you can guess that speaking with you about their lack of competency is not high on their list of things to get done today.  Sometimes at the early stages of these cases there may be little or nothing to report by way of "progress" of your case, but at a minimum, the lawyer should communicate that fact to you.

Our office is often contacted by people who are frustrated over the lack of action and communication by their other lawyer.  Since these cases are almost always handled on a contingency fee basis, we know that there is certain required paperwork which must be completed by the lawyer and the client at the beginning of the attorney-client relationship, including the signing of a Statement of Client Rights For Contingency Fees.  We will routinely direct the disgruntled client to that Statement where it tells them that they, the client, have the right to ask the lawyer at reasonable intervals how their case is progressing, and to have those questions answered to the best of the lawyer's ability.  This is a Right of the client.  You, the client should remind your lawyer of your right to have your questions answered, and if your lawyer refuses to act or communicate, you should consider whether you want to continue to use the services of that lawyer.  Sometimes it may also be necessary to obtain the assistance of the Florida Bar; the agency which oversees and licenses Florida attorneys.

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