Should I fire my lawyer? I have a lawyer who is handling my no-fault car accident lawsuit in Brooklyn,?

New York. Every time I call him with a question he is very dismissive and in a rush, and barely lets me finish talking before hanging up.
I am getting fed up with the arrogance, and I am wondering:

1) Why do personal injury and car accident lawyers act as if they are doing ME a favor by handling my claim? Am I missing something here?

2) The only reason I have not fired him and gotten another lawyer is because a)most lawyers act alike, anyway, so there would be no point in switching. b)This man has had my case for three years now, and I don’t want to go through the hassle of finding another lawyer and dealing with new paperwork.

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2 Responses to “Should I fire my lawyer? I have a lawyer who is handling my no-fault car accident lawsuit in Brooklyn,?”

  1. neoimperialistxxi Says:

    Well, consider it for a minute. He IS doing you a favor. This is a guy who makes a living out of ripping off insurance companies. His whole business plan depends on doing a lot of it and he only has so much time. Every time he has to explain something to you, you take up time that he would prefer to use negotiating bogus settlements and trolling for more fender benders to gin up into minor lawsuits.

    If your case is at all problematic in terms of liability, what he’ll likely do is work on better cases while leaving yours open just in case the opposition makes some kind of offer. But it isn’t as if he is going to tell you that that’s what he’s doing. All this is especially true if the potential recovery is low because he’s not going to want to put in a lot of work on a case that isn’t going to make him much money.

    Old Jimmy up there suggests that you have nothing to lose by talking to another PI lawyer. This might not be the case. You might want to check out your contract. Like as not, you’ll find a provision in there that requires that any expenses incurred by him (trust me, he’ll come up with some) in the course of his representation of you up til the moment of termination of the legal relationship, be paid to him out of any settlement that may eventually be obtained by the new lawyer. So, if you got any recovery, you’d not only be paying the new lawyer’s percentage and expenses, but you’d be paying your old lawyer’s claimed expenses as well.

    In other words, PI lawyers are the scum of the profession. If yours is regularly answering his phone, you are doing well..

  2. OldJimmy Says:

    This is typical when the lawyer is working on a contingency basis, and there is not a very strong case for recovery. I suspect that he doesn’t think you have a good enough case to prevail, the opposition senses this too and is not willing to settle, and he’s just keeping it open (but not putting in much effort) hoping that they will give up and settle for something or that you will replace him and he doesn’t have to tell you that it doesn’t look good.

    If you think all lawyers are going to act like this then it doesn’t make sense to switch. But you might possibly be given a free consultation at another firm, and you can explain your frustration to them. You have nothing to lose.