If I am not happy with my son's representation after a car struck him, now what? 16 Answers as of September 01, 2015

I am not happy about this now, so what can I do? My son cannot walk well after getting hit by a car, and his condition is worsening. I hired my old lawyer to represent my son because he had represented me when I got hurt at work a few years ago.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your son can fire his lawyer, of course. He may still have a fee to pay, or the lawyer might have some lien on the dollar recovery.
Answer Applies to: Wisconsin
Replied: 9/1/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
The client is the only one who can decide who will represent them. He (or you and he, if he is a minor) should arrange to go in and speak with the attorney, face to face. If the injury is as serious as you describe, the carrier should have tendered its policy limits. If your son is 18, you have no say in the matter. It's his choice.
Answer Applies to: Illinois
Replied: 9/1/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
You can meet with the lawyer and see what qualifications he has to represent your son, you can ask him the pros and cons of the case, how he intends to proceed, what his best guess is re: how it will play out, etc. If you are satisfied he is equipped to handle the claim professionally, then your mind will be at ease. If you are not, you are free to fire him and hire new counsel. If your son is over 18, it is his decision on who he will hire/fire re: his representation. If he is under 18, then you, or another person, need to be appointed his Guardian or Next Friend to act on his behalf. In MI anyone injured in a car crash is usually entitled to No Fault Benefits (lost wages, replacement services and medical bills being covered) with out regard to fault; and to perhaps make a so-called "3rd party pain & suffering" claim against any at fault entities/persons depending on the nature and extent of the injuries, testing and treatment.
Answer Applies to: Michigan
Replied: 9/1/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Fire the lawyer and get a new one. You are not married to the guy. If your son is over 18, he must do it himself; if he is under 18, then as the parent and guardian, you do it.
Answer Applies to: Michigan
Replied: 9/1/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Assuming your son is a minor, you can change lawyers at any time. If he is over 18, it's his call. Before you do make a change, though, give the current lawyer a chance to get it right. Make an office appointment, sit down in person and discuss your concerns candidly, but without accusations or threats. Ask what the game plan is, and see if it can be straightened out. Then decide if you really need to switch.
Answer Applies to: New York
Replied: 9/1/2015
    Ty Wilson Law | Ty Wilson
    Your son if he is the party has the right to retain anyone he pleases. If he is a minor you and your spouse can terminate the current attorney and hire some one else.
    Answer Applies to: Georgia
    Replied: 9/1/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    You can fire the lawyer and hire another one.
    Answer Applies to: New York
    Replied: 9/1/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If your son is an adult, it's his decision whether to change lawyers. If he is a minor, then you can change lawyers, but it is not necessarily advisable to do so. A lot of times, that is a show of weakness in the case to the other side and it will tend to diminish the value of the case. I would suggest you talk with your lawyer first about your concerns, and if you are still not satisfied, then seek other counsel.
    Answer Applies to: Alabama
    Replied: 9/1/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    You can always change lawyers. You can get a referral from your local bar assn.
    Answer Applies to: California
    Replied: 9/1/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    Generally it is hard to second guess what your attorney is doing or not doing without all facts, The best thing to do is to sit with the lawyer and discuss this . If you cannot then work out your relationship. You should hire an attorney willing to take your case and is competent to handle the case. That means experience in taking such cases to trial, and willing to listen to you.
    Answer Applies to: California
    Replied: 9/1/2015
    Gates' Law, PLLC | Thomas E. Gates
    You need to look at the agreement that was signed. You can change attorneys, but you still have to pay the current attorney for his work.
    Answer Applies to: Washington
    Replied: 9/1/2015
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    You always have the right to replace counsel if you're not happy. Simplify notify your attorney. He may claim the right to be paid from any recovery for the work he has done. Good luck.
    Answer Applies to: Georgia
    Replied: 9/1/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Go to another lawyer for representation. Find one you like and retain him. He will get the file and make the arrangements to split the fee with the other lawyer.
    Answer Applies to: Connecticut
    Replied: 9/1/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Why are you dissatisfied? If your son agrees with you, he should find a new attorney, but he should talk to his current attorney first and see if the problem can be corrected. Switching attorneys will slow the resolution of the case.
    Answer Applies to: Montana
    Replied: 9/1/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You to discuss your case, more properly her sons case, with him with other attorneys to determine whether or not the advice or predictions are any different than those being provided by the current attorney. He has his right to fire the current attorney but there will be issues regarding fees which are already earned for services already provided.
    Answer Applies to: Michigan
    Replied: 9/1/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You and your son have a right to change lawyers if you are not happy with your representation. It would be helpful to know more about the case to provide you with an opinion as to what your options are.
    Answer Applies to: Illinois
    Replied: 9/1/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney