Oxford, MA asked in Car Accidents for Massachusetts

Q: This may sound strange. but can I appoint myself as co-counsel in my own personal injury lawsuit, If I have a lawyer?

My reason is, I don't feel I'm getting full disclosure from my attorney regarding settlement offers. Also I believe we have different objectives, Her objective being milk this for as much as it's worth and my objective to settle now and put this mess behind me.

Thanks in advance for any help you can offer. The suit is in Mass. if that matters.

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2 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Massachusetts

A: Unlikely in an injury case his interest is as you suggest. Under standard contingent fee he is on a flat fee--the longer it takes, the less she gets per hour. Likewise, if she's on the hook for costs those continue until it's over. The lawyer on the other side is paid by the hour they have an interest to milk the litigation cow (famous cartoon by Rowlandson in the 18th century).Like many people you may think the insurance company wants to settle quickly and pay you a reasonable settlement. They want to settle quickly and pay you as little as possible.

Now can you be co counsel? I don't think most attorneys would go for this as the code of ethics says tey have to excercise independent judgment. That means they can't be co counsel with you. More to the point, what attorney worth their merit wants to sign up for arguments over each and every item. If you put them on an hourly fee-sure, then it's on your meter.You want to have endless co-counsel chats for a flat fee? No.

You should focus your energies on what will make the insurance company want to settle which is making sure you get the medical documentation of your continuing injuries by following up with the doctor etc. No treatment and insurance company will say "he's cured. We are in a capped damages situation."

Steven A. Schwartz
Steven A. Schwartz
Answered
  • Personal Injury Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: The biggest issue I see here is that you do not have confidence in your attorney and that is a big problem. You only have one shot at this, and it is critical that you have confidence that your attorney is serving your best interests. If you haven't done so already, I would speak with your attorney and address your concerns. If you still are not satisfied, I would suggest meeting with another attorney for a second opinion.

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