Q: A lawyer doesnt want to terminate retainer agreement after dismissed says that he is my lawyer as long as i'm disabled
Missinformed me during litigation "plan was denied after 24 months and he is appealing for rest" , but the plan was reinstated and in settlement they paid attorney fees. The plan just needed new medical records to verify my eglibility after 24month. No new denial or appeal, he did that to extend contract. Sent the insurance company that I am no longer represented by my attorney, and to direct all communication to me ,asked them for me my records. Insurance company advised that they're still on wait for the attorney to send a termination of representation letter. He called insurance company that he's still my lawyer and direct all payment to him and records. Now The insurance company does not want to provide me my records or advises that they will not answer my communication because my attorney has not sent a termination letter yet.He does not provide doc to support he appealed or the plan was denied after reinstated. The records with insurance co. will confirm. what to do?
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A:
You have the right to terminate your attorney's services at any time, and their claim about representing you indefinitely due to disability status is incorrect. You can file a complaint with the California State Bar Association regarding your attorney's conduct, particularly concerning their misrepresentation of your insurance case and refusal to terminate representation.
You should send a formal written notice to both your attorney and the insurance company stating your explicit termination of the attorney's services. Include documentation of your previous attempts to terminate representation, and send these via certified mail with return receipt requested. Consider having another attorney draft a cease and desist letter addressing your current attorney's inappropriate behavior.
If the insurance company continues to withhold your records, you can file a complaint with the California Department of Insurance. Additionally, you might want to contact the insurance company's legal department directly and explain the situation, emphasizing that your attorney's refusal to provide a termination letter should not prevent you from accessing your own medical records, as this may violate your rights under HIPAA regulations. You could also seek help from your local bar association's attorney referral service to find legal representation specifically for handling this situation with your former attorney.
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