Attorney Rant

Brando · Brando's Garage

I'm a little pissed at my attorney right now. I've known her personally for the last 5 years. I was recently involved in an auto collision. The other party is 100% at fault. It's a situation where the other party only had liability at state minimums. Their policy won't cover the whole of my medical bills.

So now I'm in the situation where I will have to pursue this individual in court. I need my attorney's help. She's pretty much perpetually unavailable. Two phonecalls not returned today, one yesterday. I can understand being busy... But when you say you're going to call back and don't... then what?

This looks to be a long road ahead. Should I just obtain a new lawyer? I most certainly don't want to go down this road alone and inexperienced.

legion · 04-30-2010, 05:20 PM

Not to sound too cynical, but I know a few attorneys that will run from legitimate cases when they don't see a payday (like the person being sued doesn't have any money), but won't hesitate to sue a person/company with money on questionable grounds because the potential payoff is huge.

jwhcars · 04-30-2010, 05:23 PM

Perhaps she is in the middle of a case or on vacation. I understand your concern but a good attorney is not sitting around waiting for the phone to ring. I would call again Monday and if you can not get a reasonable answer from a live person ...... I would call another law firm.

Dueller · 05:41 PM

You don't hear from her over a 24 hour period? What's so absolutely urgent? While I recognize this is the most important lawsuit to you, if she's any good, you are niot her only client. If she doesn't get back to you by middle of next week, then I might be concerned, but unless you have some serious issue that needs to be addressed right now I think you're overreacting a bit.`

Just out of curiosity what was the driver at fault's coverage? And what is your UM coverage through your carrier?...that's who I'd be calling.

Brando · Brando's Garage

Dueller, more like haven't heard from her in a 1-week period. When I get a response on the phone its usually days later. Last time we "spoke" was last week. Since then I've heard nothing back. We're at the point where the other party's insurance is ready to cut a check but if we need to pursue this person in a civil suit I'm kind of in need of direction.

I understand she may be focusing on cases that actually pay. When she took it on we kind of had an understanding that she would get a percentage of any settlement. I know it may not seem like much but I've been handling 90% of the legwork and just referring to her when I get to a point (like now) where I need technical input.

Buckterrier · 04-30-2010, 05:50 PM

Quote:

Originally Posted by Dueller

You don't hear from her over a 24 hour period? What's so absolutely urgent? While I recognize this is the most important lawsuit to you, if she's any good, you are niot her only client. If she doesn't get back to you by middle of next week, then I might be concerned, but unless you have some serious issue that needs to be addressed right now I think you're overreacting a bit.`

Just out of curiosity what was the driver at fault's coverage? And what is your UM coverage through your carrier?...that's who I'd be calling.

With all due respect Jim, the middle of next week? I also have many clients but I certainly can't wait until the 'middle of next week' to get back them. It seems lawyers take liberties when it comes to "the customer always comes first". Imagine a doctors office waiting until 'the middle of next week'? How about a stockbroker? I can't think of to many professions that 'the middle of next week' is good enough.
No offense intended but you folks didn't get your reputation my chance

Dueller · 04-30-2010, 05:59 PM

Brando...that's different. From your original post, it sounded like you called her yesterday and she hasn't called you back in a 24 hour span. Sorry if I misunderstood...yeah over a week even for a mundane isssue is a stretch.

Mark...its a fact dependent situation. If you have a customer that you know doesn't need anything urgent, then I'd bet you don't drop everything and call them in 6 minutes.

Personally, I try to return every call no matter how trivial, the same day....it may be 9:00 pm, but I try. On the ones who are a pain in the ass, I'll call back at 7:00a.m

Buckterrier · 04-30-2010, 06:01 PM

Quote:

Originally Posted by Dueller

Brando...that's different. From your original post, it sounded like you called her yesterday and she hasn't called you back in a 24 hour span. Sorry if I misunderstood...yeah over a week even for a mundane isssue is a stretch.

Mark...its a fact dependent situation. If you have a customer that you know doesn't need anything urgent, then I'd bet you don't drop everything and call them in 6 minutes.

Personally, I try to return every call no matter how trivial, the same day....it may be 9:00 pm, but I try. On the ones who are a pain in the ass, I'll call back at 7:00a.m

Good for you Jim, I knew you'd be that kind of guy.

Dueller · 04-30-2010, 06:05 PM

So what are you trying to deal with? I'm serious, if I were you I'd be raising hell with my UM carrier. Let the insurance companies and their lawyers sue the culprit at their expense.

Buckterrier · 04-30-2010, 06:12 PM

Quote:

Originally Posted by Dueller

So what are you trying to deal with? I'm serious, if I were you I'd be raising hell with my UM carrier. Let the insurance companies and their lawyers sue the culprit at their expense.

See that!!! Free legal advice from a fellow Pelican. Damn life is good

But I can't give all these cuddo's out free... What's with charging $25.00 per 15 minutes for a phone call??

lolol. Again I don't think any other profession does that!!

Dueller · 04-30-2010, 06:15 PM

Quote:

Originally Posted by Buckterrier

See that!!! Free legal advice from a fellow Pelican. Damn life is good

But I can't give all these cuddo's out free... What's with charging $25.00 per 15 minutes for a phone call??

lolol. Again I don't think any other profession does that!!

You get what you pay for

Brando · Brando's Garage

You guys crack me up!

My insurance has washed their hands of the situation since it turns out the coverage I had didn't include motorcycles (when I thought it had). My bad on that part. For cars & trucks however I've got some damn good coverage! When I get back into riding I will for sure have to make it clear I need a motorcycle policy too. Hindsight is 20/20 right?

Anyhow, issue at present. I just got word that she's in over her head with caseload. It sucks I don't hear it right from the horse's mouth. I'm starting to think that if she's in too far with other cases maybe I should handle the process myself (lots of reading, time and $$$) or seek a new attorney (just $$$$$$). Only problem with that is I'm broke as hell having been out of work since the collision. From what I've read this will be an unlimited Liability case due to the money owed.

So do I venture down this road myself or get another attorney?

Jagshund · 04-30-2010, 07:29 PM

I would find another attorney. I say this based on my own case which took nearly 6 years to wade through- having someone with you will help make sure details don't fall through the cracks.

Dueller · 08:32 PM

Sorry to hear that, Brando. Hope you'recovering well.

Don't take the following as legal advice...just practical. If the person who hit you had minimum liability ($15,000 PI/$5,000 property in Cali IIRC), in all liklihood they are broke, have nothing to lose, etc or they would have more coverage to protect their assets from a lawsuit. In a nutshell it sounds like they are judgment proof. Sure you could sue them and get a gazillion dollar judgment but if you can't collect or they file bankruptcy on you you'll be throwing good money after bad. You may only get their policy limits and that's it. OTOH IF you had UM in excess of their policy limits, your ins company would make up the difference up to your coverage limit and if that weren't enough you could go after them. But it sounds like in your case you were on a motorcycle and for whatever reason you were mistaken about your coverage. More on that later.

Here's the problem that a lot of people don't realize...when you have ins your company must provide you a defense attorney as part of the coverage. So the peckerwood that hit you has a free lawyer to defend them...even if they put the entire policy limits on the table for you and you sue for excess, they're gonna have a lawyer paid for by their insurance carrier. At least that's the way it is in most states....don't know specifically about the land of fruits and nuts.

If I were you, I'd be pouring over my own policy to make sure you don't have coverage...I mean read every little bit of boilerplate. Just to make sure there wasn't something that would provide you UM. But, if motorcycles were not covered you're likely SOL. And look at every app signed by you with your carrier...e.g., if there's an app/binder and you listed a motorcycle even if they didn't covera it (but perhaps never notified you of the denial of coverageed the motorcycle) , you may be able to use that to get UM.

As an example, I am familiar with a case where an illiterate guy bought coverage for his truck. He had a smalll accident while he was working out of his truck. The insurance company denied a $550 claim because they said the app was for persoanl use only. They even provided a photocopy in support of denial of coverage. Only problem was he had kept a copy of the app and it clearly stated on his copy (in the agent's handwriting) 50 %' busimess use. The original was subpoenaed and there was a clear erasure/white out. Can you say bad faith refusal to pay a claim. Insurance company offered $25K on the courthouse steps...lawyer said "Hell NO." Jury returned a verdict for $550 actual damages and $4M for punitive damages (judge reduced it to $2M).

I can't tell you how many cases where there was clear laibility and horrendous damages that I've had to turn away because there was no insurance or the tortfeasor (person at fault) was judgment proof. This may be why lawyer is evasive...she is a friend and doesn't want to have to be the bearer of bad news.

Good luck.

McLovin · 04-30-2010, 09:03 PM

An attorney not returning a client call within 24 hours is bad, 48 hours is totally unacceptable (unless the person is out on vacation, or otherwise out of the office, in which case you should have the name of someone else you can contact at the office in her place).

A full week? I've never even heard of that. That's basically an "F you" to you. I'd get a new attorney, and also not pay her from the day she stopped returning your calls. That's not representation (and not returning calls for a week is also a breach of her professional and ethical duties to you).

s_morrison57 · 04-30-2010, 11:20 PM

So you've known a lawyer for 5 years, thats cool . just remember , business is business, and a laywer will bang you sooner than looking at you. for the most part they are scum.. Just rember that lawers take money from people , win or lose, they still get paid.
Q: what do tou call 200 layers at the bottom of the lake?
A: A good start