Q: My lawyer refuses to meet with me, give me a statement of accounting, case file, what are my options?
I was in a car accident sep 2021 and the case was settled in March 2024. Since March, I have not received my settlement check after many attempts contacting the lawyer and telling me different things. Seems like he is refusing to see me in person as we have only communicated through text message and phone call. It’s been 5 months now since the check was sent and I have reached out to meet multiple times. I’ve asked for my case file and also seems like he is refusing to give it to me. He does not give me the information unless I constantly insists and doesn’t reply or communicate with me as to why he is taking a long time to provide the documents. Also he is taking more than half my settlement and when I asked if I could see the accounting statement he does not provide it. He claims I have medical liens but after talking to my insurance, they covered the ambulance and the hospital bills. I just paid copayments which is not a lot. What are my options? This situation is stressful.
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- California
- (916) 704-3009
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- Answered
A:
It sounds like you're facing a frustrating situation with your lawyer. First, it's important to document all your communications with him, including dates and the content of your messages. This record can be helpful if you decide to take further action. You have the right to request your case file and an accounting statement, and if he continues to refuse, you may need to consider filing a complaint.
If your lawyer is unresponsive, you might want to reach out to the California State Bar for guidance. They can provide information on how to file a complaint against an attorney for misconduct, including failure to communicate or return your documents. Additionally, you could explore the option of consulting another attorney for advice on how to proceed, especially if you believe the fees taken from your settlement are unjustified.
Lastly, if the situation doesn’t improve, you might consider pursuing legal action against your lawyer for legal malpractice. It's crucial to act promptly, as there are deadlines for filing such claims. Prioritize your rights and well-being in this process, and seek out the support you need to resolve this matter.
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