Re: Is my attorney doing things in a timely manner?

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In large part, you are being over-anxious. It is not "going
on the 2-year anniversary" as you said. You're still half a
year shy of that. You've only had the new attorney for 6
months. More critically, they were just recently able to
serve the defendant.

It doesn't make economic sense to do a lot of work on a case
until they have service on the defendant, especially since
they know she has insurance. Taking "statements" cost time
and money. As soon as the insurance company gets involved,
its gonna want to take depositions. Thats more time and
money. Why do it twice?

That being said, the major source of complaints against
attorneys is the failure to timely communicate with
clients. Your attorney should be doing a better job of that.
What do you do about it? Very little. Possibly write to
the attorney requesting/demanding copies of all
correspondence and pleadings. When it comes time to divvy
up the proceeds, you'll have an argument that he completely
fulfill the terms of the representation. Do not--I repeat
do no--get in his face about it now. You don't want him to
lose all interest in your case.

On 2/28/05, unexperienced needs help wrote:
> Sorry for the long post, but I want to try to give as much
> info. to help get accurate advice/feedback.
>
> In Aug. 2003, I was in a car accident where the other
party
> ran a red light and I broad-sided them. There are 3 eye
> witnesses, including a resident doctor that was in the car
> right behind me. All are listed on the police report
> stating they saw the other party (an elderly woman) run
the
> light right in front of me. As a result, I had multiple
> fractures in my right arm with nerve damage( I'm right
> handed for writing), neck and lower back injuries I am
> still being treated for.
>
> I tried to work directly with the other party's insurance,
> however their insurance denied fault and wouldn't pay for
> my treatment/car, so I got an attorney. He said we were
> going to wait until all medical treatment was done before
> he filed suit but that he would talk with all the
witnesses
> and get recorded statements on file. Nine months after I
> hired this attorney, I called his office to do my monthly
> check-in on treatment and/or update any new information
> regarding my injuries from the doctors. When I called,
they
> said he wasn't available and said a different attorney
> would be taking my case, and the other attorney wasn't
> available. For 8 weeks I called and left messages and this
> attorney avoided my calls. Finally he scheduled to see me
> the following week, but then called one hour before we
were
> to meet only to tell me that he had too many client
> meetings scheduled and would have to cancel with me. At
> this point, I decided to fire this firm and take on a new
> attorney.
>
> So, with my wreck being one year old, I hired the current
> attorney I have now. This is when I discovered that
> recorded statements had never been done by the first
> attorney. During my initial meeting with my current
> attorney, I expressed my concern with getting a suit
filed,
> getting the recorded statements of the witnesses, and that
> I wanted to be copied on any documentation regarding my
> case. He filed suit, but the defendant couldn't be served
> cause she couldn't be found. He hired a legal
> investigative service to do this and I have had to call
him
> every 6 to 8 weeks to follow up with him because I can't
> seem to get him to call me. He doesn't ever follow up
with
> legal investigative -he just got the defendant served last
> week (8 months out), and he still hasn't gotten Legal
> Investigative to do the recorded statements of the
> witnesses. It is going on the 2-year anniversary and I
> feel like I am micro-managing something I shouldn't have
> to. If he is going to get 40&37; of my money, then why
> doesn't he proactively followup on things instead of
> waiting for me to call and ask what the update is from
> Legal Investigative -his response is always the same...."I
> haven't talked to them in about 45 days". Then when he
says
> he will follow up with them and get back to me....I give
> him another 4 weeks and he still hasn't called me so I
call
> him again. He gives me excuses as why things haven't
> gotten done (he's been on vacation; the investigator at
> Legal Investigative has been in a hyperbaric chamber due
to
> a scuba accident; when I tell him I'm concerned about the
> lack of follow-through on the case, he says he hadn't
> called Legal Investigative in almost 4 months to see if
> they have done anything on the witness statements -his
> statement to me was that he hasn't ever had to follow-up
> with them, they just have always done their job.)
>
> While all of this has gone on, my insurance company went
> into arbitration with the guilty party's insurance, and
the
> guilty party's insurance admitted guilt and reimbursed my
> insurance company for the extensive bill to repair my
car.
>
> Should I/we now be trying to talk to that party's
insurance
> company about paying for all of my medical bills and other
> damages (lost wages, etc.). since they admitted
> responsibility for the damages to my car? I just don't
> understand why I am going to give 40&37; of my money to
> someone that isn't earning it. I can't seem to find
anyone
> that is willing to represent me and earn that 40&37;, and
I
> now have 2 attorney's that will submit partial bills to me
> for work done when I feel I haven't gotten very far at
all.
> I regularly monitor my case's progress through casenet
with
> our local judicial system online, so I can see what is
> being filed. Do I have a right to ask to call this Legal
> Investigative Services myself to get an update? I feel I
> am getting the run around from my attorney and don't
> honestly know the status on what has been done and what
> hasn't.