You recently got into a car accident and you hired a New Bedford car accident lawyer to handle your case. However, things aren’t going as expected and it seems like they’re not doing their job. In such a scenario, there are a few things you need to take note of before you conclude that your lawyer isn’t doing their job and they include:
- Poor communication
- Dishonesty about billing
- Lack of confidence
- Unethical or illegal behavior
- They’re not empathetic to your needs
- They’re disrespectful
How Do You Know if You Hired a Bad Car Accident Attorney?
If you experience any of the above challenges with your lawyer, don’t immediately threaten to file a malpractice lawsuit against them. You need to first send them a letter stating your concerns. If they don’t respond or you do not see any changes being made, that’s when you should explore other options for your case.
Can You Pursue a Malpractice Case Against Your New Bedford Car Accident Lawyer?
The short answer is yes…you can sue your car accident lawyer for malpractice if they’re not doing their job. However, winning a legal malpractice case is not easy because you need to prove beyond a reasonable doubt that your lawyer failed to use their expertise to handle your case. Your case should be able to prove that:
- Your lawyer owed you a duty of care
- They breached that duty of care
- Their breach of duty caused you damages
- The damages resulted in financial loss to you
It’s important to note that the basis of most malpractice cases is due to problematic attorney-client relationships. According to the American Bar Association, the most common claims include:
- Procrastination
- Fraud
- Inability to apply the law
- Inadequate investigation into the case
- Not filing documents
- Not obtaining consent from the client
If you feel your attorney has violated your client privilege, you can file a lawsuit against them. It is, important to ensure that you first get a lawyer who can analyze your case and file the suit on your behalf.
What is the Statute of Limitations on Legal Malpractice?
In Massachusetts, the statute of limitations on legal malpractice is three years from the day you learned of the malpractice. If you miss the deadline, you will not be able to file a lawsuit unless it’s under special circumstances. Ensure that you speak to your lawyer regarding the statute of limitations for your case.
What Should Your Car Accident Lawyer Do For You?
Once you enter into a contractual agreement with your New Bedford car accident lawyer, you are entitled to some basic rights regarding your case. You should expect your lawyer to:
- Evaluate your case and give you legal guidance
- Update you on your case on a regular basis
- Allow you to make decisions about your case based on the information they give you
- Give you a prediction of what might happen in your case
- Keep communication lines open
- Prepare you for your case
Can I Get My Information Back From My Lawyer?
You are entitled to have your information and you can get your lawyer to sign an authorization allowing your new car accident lawyer to get your documents.
Your previous lawyer is obligated to keep your private information private unless you authorize them to disclose it. Clients share a lot of sensitive information with their lawyers in order to help them with their cases. It’s assumed that lawyers will keep the information confidential even if the client doesn’t request it.
If your lawyer discloses sensitive information pertaining to your case without your consent, that may be grounds for you to file a malpractice lawsuit against them.
Considerations Before Switching a Car Accident Lawyer
After a careful analysis of your case and the relationship you have with your lawyer, you have come to the conclusion that you want to switch lawyers in the middle of your case. It’s very important that you do this the right way to avoid making costly mistakes.
First, you have to consider how much work your attorney has done and how far along your case is. Your lawyer might have incurred some out-of-pocket expenses that they need to be reimbursed.
It’s important to speak with another car accident lawyer in New Bedford before making a drastic decision. They might help you see the bigger picture or why your attorney has chosen to use particular strategies.
Finally, you need to find another lawyer who is willing to take up your case before you fire your current one.
