Incompetent attorney

Start doing DDP Yoga guys.

I worked as a NY PI attorney for a decade. In my experience, very few cases go to trial. The reason is juries are fickle and nothing is guaranteed. A bird in the hand is worth two in the bush. This works both ways.

If your case is legit worth two million (and most of my former clients always thought their cases were worth much more than reality), then there's a reason the railroad is not offering a higher amount. It could be your attorney is clueless and making unreasonable demands, or they simply will offer up more on the court house steps. It's super hard to tell. Also, you probably have soft tissues injuries, and these are notoriously difficult proving. Even if your doctor is sure, what are their doctors saying? What's in the IMEs? It's completely possible their jury verdict review (and they have one, it will summarize all jury verdicts with facts similar), suggests the case is not worth millions or they could get a very low verdict.

Past that, there's nothing wrong with going to a second attorney. Let me tell you about a few possible issues though (key word is possible), and this is only so you are mentally prepared.

One possible problem is getting the prospective new hire attorney all the information about your case this late. Your case is probably under Federal law? I'm not sure how, or if, the federal law details what to do specifically. In many states, believe it or not, your attorney is legally allowed to charge copy fees for medicals, correspondence and pleadings (in NY at least I think it's .25 per page). Does your current attorney have other out of pocket expenses? Did they pay for expert testimony? Investigators? You might find your attorney reluctant to hand over some stuff they paid for, and the law might support them here too. Some attorneys will hand this stuff over willingly. They may know they are in over their head, or their relationship with you is affecting the case. Either or, it's going to be hard for a second attorney to evaluate your case without this information. You may have to switch attorneys, as that's the only way they might get your entire file, and then trust what your second attorney tells you about the case.

I can tell you flat out too, there are red flags about your case and concern. An attorney who has a case worth millions generally will communicate with you often. The attorney stands to make decent money (no idea what the fee cap is with railroads or how the contingency fees are set). Not all attorneys, some are clueless. That said, clients are people, and people often say stuff based on what they want. People manipulate. The number one complaint is clients think they should be getting more than their attorney is telling them, and so this can cause rifts. Before you freak, I am simply telling you it's a common problem, not that you are doing this.

One other issue. A new attorney doesn't know you or the case. If your case is getting ready for trial, your current attorney and their office should know you fairly well. They will be aware of all of your medical treatment, and how well you did when talking to them and when being deposed. This matters, as some clients are more jury presentable than others. They will also potentially have spoken to your doctors, investigators, etc. A new attorney can catch up, but they have missed out on the long process. For a time, they will be at a disadvantage.

The last thing, kinda pulling all of this together, if and when you see another attorney be level headed, honest and clear about what your current attorney told you. The new attorney is not going to take on a case, at this late stage where they are only getting 1/2 of the normal fee, if the client is a royal pain in the ass. Remember, you may be asking them to pay your current attorney up front for all of the current case expenses. The potential new hire attorney will know when it comes to the merits of your case, if you are exaggerating.

Set up an appointment, preferably with an attorney outside your area, and go talk to them. There's nothing wrong with calling the attorney who has big ads in the phone book or TV. Those ads are expensive, and there's a reason they can afford them. See what they have to say. Raise the issue about your file with them, or ask them on the phone when you call. Most importantly, remember it's up to them whether they think your case is worth it, and so be calm, honest and listen.

make sure your new lawyer is a jew, or at least has a jewish name:



also based on my extensive legal experience a really hot bisexual petite female indian investigator will always win your case for you

Your lawyer's payday is directly linked to your payday; therefor, he will not let dollars walk out of the door - I wouldn't worry about that too much. Also, lying on your deposition doesn't mean shit unless its directly related to misrepresentation about the injury/accident.

The OP needs to read John Grishams the Rainmaker, cause he fucking is one.

Beeing heavily injured he should have more than enough time to finish it in a day or two.

Grabbit Allworth_sl said:

Thanks Szila, I appreciate it. Before I was hurt, I couldn't fully sympathize with people with back injuries. I always thought they might be exaggerating it a little. Now, I know different.

Rotanee,

I appreciate your input.

Case value - It is what it is. FELA case awards are typically much higher because of the recoverable damages. That's not saying you can't get a low verdict, because the jury does have control over a lot of it. I don't have any soft tissue damage. I have MRI's with legitimate ruptured discs that require surgery. it's black and white, there is nothing subject to interpretation there.

Fees - There are a few ways it can be handled and I'll be sure to address all of that before moving forward. Here what usually happens is the two attorneys decide amongst themselves how the original piece of pie is going to be divided.

Communication - There hasn't been a lack of communication. But since I am not working I've had nothing but time to research personal injury law and the process. That said, a lot of the steps my attorney has taken have been considerably less than optimal and/or unprofessional. The final straw was his refusal to discuss with me his trial experience. He's young, younger than I am. That's not normally a problem by itself, but there has just been too much and I have no faith in his ability to try my case before a jury.

New counsel - I'm going to be 100% upfront with the status of the case, my expectations, the current offers, etc. I'm not going to run out of a burning building in to a busy freeway.

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Those are soft tissue damages, and I am not as confident as you are they are black and white. You need surgery, that's only a small portion. Why haven't you had it yet? It's hard to guess at a prognosis until it happens. I've had back fusion. I walk, work and do other things just fine. Very little pain. What are your partial disabilities based on? The extent of your disability is subjective, and I am fairly sure the other side will have their own doctors disputing what you clam. You didn't mention what their doctors have said about your file. This is important--not that I need to know--it's just that it should be part of your evaluation about whether to settle.

Who told you what your attorney did was not optimal? Did another attorney, or are you just upset? Without sarcasm, do you really think even if you spend 250 hours researching your case, it will make you qualified? Who told you your case was cut and dry? I know some attorneys are over confident. Then again, I used to have clients say, "you told me the case was worth 2 million!" To which, they were wrong because I told them I was demanding that much money, but the case was worth substantially less.

Anyway, I'm not trying to argue. Good luck.

Rod-138_sl said:

Your lawyer's payday is directly linked to your payday; therefor, he will not let dollars walk out of the door - I wouldn't worry about that too much. Also, lying on your deposition doesn't mean shit unless its directly related to misrepresentation about the injury/accident.

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When a person gets in front of a jury, the jury is going to place a lot of merit on how they handle that person's case based on whether they believe the person or not. If a client lies, and it has a potential to come out at trial, that's not good.

If you like someone you are more willing to help them right? Juries are human, and they tend to do the exact same thing. I don't care what the jury instructions they are read say. I used to work with this cocky young attorney who had his own PI case. His deposition was awful, and his attorney immediately told him to settle. It cost him half his case. It had nothing to do with whether there was liability, it had all to do with a jury believing the person when they said they were in pain, or helping that person out. Juries are fickle, I'll say it again. This is why attorneys do not let their clients give statements unless required to. The more inconsistencies, etc., that remove the clients credibility, the worse the potential fallout can be.

Grabbit not to piss off your doc or anything but ask em if they think a an mr of the brachial plexus may be helpful for you. From the sound of your injuries and especially given your arm issues, it's possible you could have a plexus injury, and getting that documented can only help your cause (plus its a pretty nebulous exam so the reporting doc will probably report *some* abnormality to hedge his bets, which in this scenario could work to your advantage)