Negligence case-trouble with my attorneys

[Unfortunateone]

Jurisdiction

California

I'm in a negligence premesis liability case in California. I have 250k in medical bills from two surgeries. I'm going on five years since the accident and three years since ANYTHING has happened my surgeries are three years old. I have an attorneys offi e that filed a lawsuit and since then absolutely ignored me. The litigation clerk hasn't returned my calls in a year. I just went through a six hour deposition that I was late for because they gave me a brand new attorney who looked at my case for the first time that day even though she has been with the firm since last year. My trial got pushed back again to next year and I have no explanations as to why. Twice this attorney has scheduled a phone call and twice she hasn't bothered. It's a week later now and they don't care enough to even call. This IME still has not been scheduled and at this point I have lost all confidence in this office to act on my behalf. I know it's impossible to get another attorney to take my case but isn't there something I can do? This is NOT worth 40% to me. I should have know when their office lost pertinent paperwork and tried to blame it on me that I was not dealing with professionals.

 

[zddoodah]

I'm going on five years since the accident and three years since ANYTHING has happened

Your own post indicates that this isn't true. You said you "just went through a . . . deposition."

If the accident happened in 2020, that means your statute of limitations would have run out in 2022. When exactly was your lawsuit file? In what county was it filed?

Twice this attorney has scheduled a phone call and twice she hasn't bothered. It's a week later now and they don't care enough to even call.

I'm not quite sure what you're saying here.

This IME still has not been scheduled

The IME is typically scheduled by the defendant's attorney. Your attorney wouldn't have any control over that.

I know it's impossible to get another attorney to take my case

How is it that you purport to "know" this?

The bottom line is that, if you're not happy with your lawyer's handling of your case, go consult with another attorney and, if you are so inclined, fire your current attorney and retain another. Without knowing anything about your case other than the extent of your medical bills, it's impossible to speak intelligently about what you might encounter in trying to find another attorney.

 

[Unfortunateone]

They gave me a new attorney the day of a deposition. The depo had been rescheduled several times but what had not was the two hour window they wanted for a conference. When I called the office I finally got a brand new attorney who had never heard of me who wasn't prepared for whatever conference we were supposed to have. Since that time she has twice scheduled update calls and twice failed to bother calling even a week after it was scheduled. It's not my opinion that it's unprofessional.
My experience has been that it's anything but easy firing these attorneys or getting a new one to talk to me simply because they don't want to have to battle the old attorney for the proceeds.

 

[Unfortunateone]

To summarize:
They showed incompetence plus hubris early (need I elaborate I can) and I ignored it.

In three years I have one example of how they practice law and it was abundantly obvious that after 4 years my case is still not being prioritized evidenced by their unpreparedness and unprofessionalism.

Communication, including rescheduling key dates, is non existent. As an entrepreneur I understand the need for keeping a schedule for the sake of clients. What I am experiencing is blatant disregard.

Before something like the defendants deposition or mediation comes to pass (trial in six months and none of the aforementioned is scheduled) I will need a lot more confidence in this office I'm afraid.

 

[army judge]

To summarize:
They showed incompetence plus hubris early (need I elaborate I can) and I ignored it.

In three years I have one example of how they practice law and it was abundantly obvious that after 4 years my case is still not being prioritized evidenced by their unpreparedness and unprofessionalism.

Communication, including rescheduling key dates, is non existent. As an entrepreneur I understand the need for keeping a schedule for the sake of clients. What I am experiencing is blatant disregard.

Before something like the defendants deposition or mediation comes to pass (trial in six months and none of the aforementioned is scheduled) I will need a lot more confidence in this office I'm afraid.

After reading your "initial post", it appears your choices are few, if any even exist.

You can fire the law firm, however, depending on the retainer you signed, you might be left owing a very large amount of moola to them!!!!

You might begin discussions with other law firms in your county, or throughout your state. It can't hurt to investigate.

Attorney @zddoodah offered you sound information upon which you can cogitate, before leaping blindly into a boiling pot of water, versus a hot frying pan full of sizzling lard.

 

[adjusterjack]

I'm in a negligence premesis liability case

You have provided no details about the cause of the injury, the circumstances, the location, the defendant, etc.

The delay might not be on your attorneys as much as it might be the who and the what of the defendant and how big a fight the defendant is waging. and whether you even have a winnable case. Defendant tactics often include deny and delay and setting up roadblocks along the way.

Small negligence claims often take two years just for the litigation phase. No surprise that a big one could take 5 years.

Consider the possibility that your attorneys are just stymied by the defendant's tactics and another firm may well end up equally stymied.

Metaphorically, you are holding a tiger by the tail and this might not be a good time to let go and look for another tiger because the first tiger will likely want a piece of you, i.e.: fees and expenses that have already been incurre.

 

[zddoodah]

Your options:

1. Accept what happens.

2. Get more aggressive with your efforts to communicate and meet with your attorney.

3. Make a complaint with the State Bar of California.

4. Seek to consult with or retain a new attorney.

5. Fire the current attorney.

Keep in mind that making a State Bar complaint while the attorney continues to represent you may be counter-productive.