Los Angeles, CA asked in Personal Injury and Car Accidents for California

Q: Can I hire a lawyer to serve as my POA to advocate on my behalf on a case currently being handled by a different lawyer?

I was involved in a car accident (struck as a pedestrian) 7 months ago in New Jersey. I hired a lawyer to take on my case. I recently moved to California, and more recently suffered the death of a parent. My attorney wants me to fly back to N.J. to see another doctor. I'm unable to. I've also come to distrust my attorney. I'd like to hire & give a lawyer Power of Attorney to deal with my personal injury on my behalf...i.e. get status updates on where the case stands, what the policy amount for the driver's insurance is, etc. I get the impression my P.I. attorney is being evasive, and I simply don't have the time to manage that situation myself.

1.) Can I hire a lawyer to do the aforementioned? If so, must that lawyer also be able to practice in NJ? Or just CA?

2.) Given the late stage of the engagement, can my P.I. lawyer drop the case if he wanted to?

Any insight would be greatly appreciated! Thanks!

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: You can replace the NJ attorney at any time, but there will be consequences, such as having to pay him from the recovery for the work he has done to date. BUT you better have another NJ attorney ready to take over the case. I do not see any reason that you cannot see a physician where you currently reside, it seems very unreasonable to require you to return to NJ to see an MD. Suggest you find a new attorney in NJ asap.

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