A few days ago, my paralegal, Steve, took a call from a woman who already had a personal injury lawyer.
She wasn’t calling because she wanted a second opinion about what her case was worth. She was calling because she had no idea what was going on with her case!
The statute of limitations was getting close. She told Steve she had dealt with at least four different paralegals at the firm handling her case.
She had never spoken with an attorney.
She didn’t even know whether the firm had filed a lawsuit!
Think about that for a moment.
You are the injured person. It is your case. A legal deadline that could potentially end the case is approaching, and you cannot get an attorney to tell you whether a lawsuit has even been filed.
I wish I could say the call shocked me.
It didn’t.
After nearly forty years practicing law, one complaint I hear far too often is some version of this: “I hired a lawyer, but I can’t talk to one.”
You Are Entitled to Know What Is Happening
Lawyers get busy. I certainly do.
And there are periods in a personal injury case when not much is happening. Maybe the client is still treating. Maybe we are waiting for medical records or bills. Maybe a demand has been sent, and the insurance company is reviewing it.
Sometimes the truthful update really is:
“Nothing has happened yet.”
But that is still an update.
Arizona’s Rules of Professional Conduct require lawyers to keep their clients informed about the status of their case and to act on requests for information. A lawyer must patiently explain the case and its issues, good and bad, so that the client can make informed decisions about the representation.
A lawyer who fails to respond to reasonable inquiries for information may be violating Arizona Ethical Rule.
That does not mean your lawyer has to drop everything every time you call.
It does mean you should not be left wondering whether anyone is still paying attention to your case.
There is a big difference between:
“We requested the medical records three weeks ago. They have not arrived yet. We are following up and will let you know when they come in.”
and silence.
The first answer may take thirty seconds.
The second leaves a client wondering what the hell is going on.
Ask One Simple Question
If you are having trouble getting information about your case, I would start with one question: “What are we waiting for right now?”
That usually gets to the heart of things.
- Are you still treating?
- Are medical records being collected?
- Has a demand been sent?
- Is the insurance company evaluating the claim?
- Has an offer been made?
- Is the lawyer preparing a lawsuit?
- Has a lawsuit already been filed?
- What exactly is supposed to happen next?
Then ask one more question:
“When should I expect to hear from you again?”
You may discover there is a perfectly reasonable explanation for the delay. What you should not have to do is hire a private investigator to locate your own lawyer.
Ask Who Is Actually Handling Your Case
This is a question people should probably ask before hiring a personal injury firm: Who is actually going to handle my case?
Not whose face is on the billboard.
Not whose name is on the television commercial.
Who will I normally talk to?
Will I have access to the attorney?
If something important happens, will the lawyer call me?
If I have an important question, can I actually speak with an attorney?
There are excellent large law firms. There are also excellent paralegals and case managers. A large firm is not automatically a bad firm.
But the business model matters.
Some personal injury firms are built to handle an enormous number of cases. That requires layers of employees, departments, systems, and handoffs.
For some clients, that works perfectly well.
Other people want to know the lawyer handling their case and be able to reach that lawyer when something important happens.
Neither preference is unreasonable.
But you should know which kind of firm you are hiring before you sign the agreement.
If Nobody Will Respond, Put Your Request in Writing
If repeated telephone calls are going nowhere, send an email.
Keep it simple.
For example, ask:
What is the present status of my case?
What are we currently waiting for?
What is the next anticipated step?
Are there any upcoming deadlines in my case?
If a lawsuit may be necessary, ask directly whether one has been filed and, if so, ask for the case number.
Now there is no ambiguity about what you are requesting.
If you still cannot obtain meaningful information, request an appointment with the attorney responsible for your case.
What About the Statute of Limitations?
This is where communication stops being merely irritating and can become dangerous.
Personal injury claims have deadlines. The applicable deadline depends on the facts, the defendant, the type of claim, and, in some cases, special statutes or notice requirements.
That is one reason the call Steve received bothered me.
The woman wasn’t just wondering whether the insurance company had called back.
She was worried because time was running out, she had never spoken with a lawyer, and she did not know whether a lawsuit had been filed.
If you believe a deadline may be approaching and you cannot get a clear answer from your attorney, do not simply assume everything has been taken care of.
Ask.
And if you still cannot get an answer, consider getting independent legal advice promptly.
Missed statutes of limitations and other filing deadlines are among the most common and serious errors giving rise to legal malpractice claims, including personal injury lawyers.
Can You Change Personal Injury Lawyers?
Generally, a client does not have to remain with a lawyer simply because a representation agreement was signed.
But changing lawyers in the middle of a case is not something you should do on impulse or in anger.
There are complicated and time-sensitive issues involving the existing fee agreement, work already performed, attorney liens, upcoming deadlines, pending litigation, or the practical effect of changing counsel at that particular stage of the case.
If you are considering changing lawyers, talk with another Arizona attorney about your circumstances first.
Arizona’s professional rules also impose duties on a lawyer when representation ends, including taking reasonably practicable steps to protect the client’s interests and providing documents to which the client is entitled. Arizona Rule of Professional Conduct ER 1.16(d)
Before You Hire a Personal Injury Lawyer, Ask This
There are lots of questions people ask when interviewing a personal injury lawyer. How long have you practiced?
What kinds of cases do you handle?
What is your fee?
Those are all reasonable questions.
But I would add one more:
“When I need to speak with my lawyer, will I actually be able to?”
For some clients, that answer matters as much as the lawyer’s experience or fee. Marco Injury Law is small by design.
I have no desire to build a factory where clients become file numbers moving down an assembly line.
Steve and I know our clients. If something important happens in a case, the client should be informed.
If nothing is happening, the client should still be able to find out why.
And if you have an important question for your lawyer, you should not need to send up a flare to get an answer.
The woman who called our office had already learned why that matters.
This article provides general information about Arizona personal injury cases and is not legal advice for any particular case. Deadlines and legal rights depend on the specific facts involved.