What can I Do if My Lawyer Refuses to Tell Me When my Case is Going to Settle?

A car crash, slip and fall, or any other accident can happen in the blink of eye, but getting compensated from an injury claim can take a lot longer. In fact, it’s common for insurance claims to take 6 or more months from start to finish. If you are unable to settle the claim, you will need to file a lawsuit and continue the process of working towards a settlement. In that case, obtaining the funds you are entitled can between 1 and 2 years.

While the road to justice can be long and time-consuming, your lawyer should be putting in the time and effort to bring about a resolution as soon as possible. An ethical lawyer will keep in touch with their clients on a regular basis and let them know what’s going on, even if there’s nothing new to report. But what if months have gone by, and you are unsatisfied with your attorney’s answer on why it’s taking so long to reach a settlement? Even worse, what if your lawyer is not getting back to you at all, to the point where you have found yourself asking:

“Can I switch attorney if my lawyer is not telling me when my case is going to settle?”

Our Recent Verdicts and Settlements

Your Right to Find a New Lawyer in the Middle of a Case

There are plenty of misconceptions out there when it comes to firing a lawyer, like when it’s too late to start over with a new law firm. First, it’s important to note that the client always has the right to terminate a contract with their legal representative and find someone else to take over their case. The real issue is, whether it’s a good idea to switch lawyers if you have an active lawsuit.

Some people will tell you that firing a lawyer during settlement negotiations will hurt your case and make it that much harder to get paid from an accident claim. Others will say that firing your lawyer is the best way to go if your “spidey sense” tells you that they’re up to no good. Frankly, either of these answers may be correct depending on the circumstances, which are unique to each and every case.

One thing we can say for sure is that lack of communication is not something you should ignore. And we have spoken to many people over the years who have called us to ask if it’s normal for a lawyer to not get back to them for one or more weeks. This is definitely not normal, and it’s understandable why they are concerned and thinking about the option of moving their case to another law firm.

A Lawyer’s Duty to Communicate with Their Clients

There is the old saying about every story having two sides, and this is certainly true when it comes to a lawyer’s duty to communicate with their clients. For the client, every passing minute is valuable when they are waiting on payment for their medical bills, missing wages, and other monetary losses. For the lawyer, they have multiple clients that they are representing at the same time, so at any given moment, they are juggling case investigation, depositions, court hearing, and many other tasks.

Nevertheless, a lawyer has a legal duty to provide their clients with a timely response. There’s no specific guideline on how long you can keep a client waiting when they have important questions, like “When is my case going to settle?” But as a general rule, someone from the law firm should be getting back to the client within 2 business days. So, it may not be your attorney that calls or emails you back, but this is not necessarily a bad thing. After all, most law firms have paralegals, case manager, and other professionals that provide assistance to the attorneys. Thus, if the question is something one of these people can answer, it makes sense for them to get back to you rather than making you wait to hear from your lawyer.

It should also be noted that some questions have no definitive answers. This is particularly true with issues like how long it takes to settle a personal injury claim. Even if it seems like you are close to a settlement, things can change last minute and the other side backs down from their end of the deal. Or, an unexpected problem or new evidence turns up and needs to be investigated before you can resume negotiations.

However, your lawyer has a duty to keep you updated on all these issues, even if it’s bad news that they would rather not deliver. Or, if there’s nothing to report, that’s doesn’t mean they should just ignore your voicemails, texts, and emails until they have something to say. Even if nothing new has happened, we still take the opportunity to reassure clients that their case is on the right track, and that we are actively working towards bringing about a favorable resolution.

What are my Rights if I want to Fire my Lawyer?

Before you fire your attorney, it’s a good idea to send a formal statement (letter or email) letting them know about your concerns and what you need from them. In addition, feel free to tell them that if things do not change, you may be forced to look for another attorney who is more invested in your case. This may be enough for them to wake up and realize that they need to improve their communication skills.

If things do not change, you have the option of sending a notice of termination (a letter stating that you wish to end their services and find someone else to represent you). Alternatively, you can find a new lawyer first and let them handle the transition process from your law firm to the new one. This is the course of action we recommend, as leaving things in the hands of an attorney is much more efficient. Plus, it takes away the awkwardness of firing your lawyer, then having to get in touch with them to obtain information from your case file.

Of course, hiring a new lawyer is a big decision, and you are probably nervous about making a bad choice that can hurt your case in the long run. This is why it’s essential to obtain a second opinion from another accident injury lawyer.

Help – I Need a Second Opinion!

Don’t worry; our lawyers are more than happy to provide you with a free second opinion on your case. It can be agonizing to deal with a law firm that won’t get back to you, no matter how many times you call or email. No accident victim should be left without answers or reassurance from their attorney, which is why we invite you to come and see us for a free consultation. A second opinion can provide you with clarity and insight, especially if there are serious problem with your case that need to be resolved right away. We can help you through these issues and put your case back on track so that you are one step closer to a settlement. Please reach out to us and schedule a time to speak with one of our legal experts.

Contact Our Law Firm

We understand the worry and frustration you are feeling right now, but rest assured that you are never stuck with a lawyer who isn’t looking out for your best interest. Nevertheless, it’s important to discuss your concerns with another attorney and make sure that you making an informed decision.

If you decide to transfer your case to us after a second opinion consultation, we will handle the entire process from start to finish, completely free of charge. Plus, we will represent you for $0 and wait until the end of your case to receive payment from the party you are suing. If we don’t recover your settlement, there is a Zero Fee Guarantee in place, so you won’t be billed for any legal fees.

Contact Normandie Law Firm and talk to a personal injury lawyer if you are unhappy with the law firm that is currently representing you.

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