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Wanna Fire Your Lawyer? Ben's Advice On How To Hire A Good Personal Injury Attorney -- plus -- The Latest Scam Targeting Your Kid
March 8, 2001
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Dear Ben: I made the mistake of signing on (almost a year ago) with an attorney that has virtually ignored me from Day One. His firm was pretty anxious to sign me up when I visited with them for a "no obligation consultation" (I'd been involved in a car accident that wasn't even my fault!), but since then I've gotten virtually no help and zero feedback from his office. What upsets me even more is the fact that this clown is legally entitled to receive 33.33% of whatever claim I receive, and 40% if they go to court! He should get nothing and I'd like to fire him immediately. What can I do to get out of this mess? I've been patient long enough and have had it!
---Frustrated in Dallas
Dear FID: Yours is a common complaint I've seen countless times over the years. According to Mike Grossman, a Dallas attorney that specializes in personal injury cases: "An attorney has an ethical obligation to communicate with his client and keep them reasonably informed about the status of their case (according to the Texas ethics code). Especially in personal injury cases, the attorney should communicate with the client on a regular basis, checking on their medical progress. This also helps put the client's mind at ease and should signal to them that they're being represented by someone who not only has the legal expertise to handle their case, but has a genuine interest and concern for their well-being. The failure of communication between the attorney and client is one of the most common state bar grievance issues. Your reader has two remedies:
(1) File a grievance with the State Bar of Texas; or
(2) Fire their attorney and hire another one.
Remember, the attorney has an obligation to keep his client reasonably informed, but an attorney can't read his client's mind. If the client has a question, comment, or concern, they should call their attorney. If that doesn't work, make an appointment to speak with the attorney at their office. If the client's still not satisfied, they need to seriously consider the two remedies mentioned above. Being injured in an auto accident is important and potentially life altering; don't just sit at home and wonder what's going on. Be active and involved in your case; if your attorney isn't the same way, find one that is."
While I agree with Mike's position, I also recognize the realities of "changing horses" and starting over with a new attorney. Most people won't do it because of the additional legal hoops and potential complications that go with firing one attorney and hiring a new one. So why not make the best decision to start with? Want more tips on what to look for when you're hiring an attorney? From finding someone that really cares about you/your case to determining whether it's important that they're Board Certified to tips on how to fire your lawyer, a little bit of preparation today will save you a boat-load of heartache in the future: www.bendover.com/legalchoice.asp
Dear Ben: My thirteen year old daughter recently brought home a letter from school stating the following:
"The [Name Withheld] is proud to announce you have been honored as an HONOR ROLL STUDENT. It goes on to say that she's entitled to be eligible to have her biography printed in their "National Awards Year book." If you want to order one of these year books with your bio in it, it's $49.95 for one, and up to $116.95 for three, (the Grandparents gotta have one, right?). I think it's a scam; what really ticks me off is that my daughter thinks it's a big deal...and now I have to tell her that she really didn't get an award, but it's the handiwork of a bunch of shysters trying to take her Daddies money for something that's worthless. Your thoughts?
---Dave via e-mail
Dear Dave: I agree with you! Now's the time to sit down and explain the harsh, cold realities of the world to your daughter. It's a great opportunity to start teaching kids how to identify scams and come-on lines...a skill that's even more important to young ladies that will eventually start dating in the not-so-distant future!
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