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darkridr
Lv 6
darkridr asked in Politics & GovernmentLaw & Ethics · 1 decade ago

What recourse do I have with an obstinate attorney?

Here's the situation: I was in an auto accident about 5 years ago with the other vehicle being a company vehicle covered under an S-Corp. My attorney is saying that if I sue, the company will file bankruptcy, causing me to have nothing to collect. The vehicles are in the owner's personal name, not the name of the company, which makes him liable. I've already checked into this.

My attorney does not want to pursue this matter any further, due to him believing I am unable to collect, but after some independent research, I have come to the conclusion that I can -- research that includes hypothetical scenario discussions with other attorneys. My problem is that other attorneys say they cannot even discuss the specific situation with me, much less take it over, due to the fact that I am under contract with this attorney. What's more, I've heard that once I've been on a case as long as I have, a judge won't let my attorney drop me. Is this true? If not, what can I do?

One more thing: It appears that my attorney isn't doing all he can for me. Who do I contact to hold him accountable. (i.e. Doctors have malpractice insurance, what do Lawyers have?)

4 Answers

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  • evilattorney
    Lv 7
    1 decade ago
    Favorite Answer

    Fire your lawyer. You have the right to do this.

    You can file a grievance against your attorney if you believe he has done you a disservice.

    If, by taking the position that he's taken, he has caused you to miss the statute of limitations, you may have a malpractice suit. To prevail, you must show that the lawyer made a mistake and, if not for that mistake, you would have won your lawsuit.

    Source(s): 20+ years practicing law
  • Barry C
    Lv 7
    1 decade ago

    Fire your lawyer. He works for you, not the other way.

    If he is working on contingency, be aware your contract with him may entitle him t a share of any proceeds anyway, and that may affect the willingness of some other attorney to finance your case.

    I dunno about your claim of piercing the corporate veil - that is very tricky under any circumstances. Your suit is against the company for some reason, not against the car or the owner of the car.

    Here is one thing to discuss with your attorney frankly. If he is working on 100% contingency, he is concerned that the amount of work necessary to see any income is out of proportion to the potential payment.

    Ask him if there is a way to get things moving if you alter the 100% contingency agreement somehow - if you pay him directly for his time and expenses for a while, would that help?

  • joe38socalif
    1 decade ago

    state Bar association.

    And you can drop that attorney at any time you want.

    the court can not force you to keep an attorney.

  • mad embalmer from the north II
    Lv 4
    1 decade ago

    lawyers belong to a Bar association. Call them. Contact another attorney and find out what your options are.

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