Sunday, March 14, 2010

Bad lawyer?

about 10 months ago, I was eating in a restaurant in a casino in Las Vegas. I ordered breakfast, and was eating the hashbrowns when I bit into a nail.... that's right, a bent, rusty nail. It broke one of my teeth. I informed the management who took a statement and pictures of the nail and my mouth. The next day I contacted a lawyer about it because I wanted them to pay for the tooth repair. I filled out all the paperwork and everything and he assured me that I'd have a settlement within 90 days. It's been 10 months now, and my lawyer will not return any of my calls or emails. Does anyone have any advice on what I should do to get this resolved? Will contacting another lawyer help, or should I possibly contact the bar association and report him?

Bad lawyer?
Definitely report him to the Bar Association, but I would hold on tight for just a few minutes longer before you get another attorney. Even if the other attorney obtains your money within 7 days (for example) you still have to pay the first attorney for the time he had spent on your case. Unfortunately, a great percentage of the time attorney's inflate the billable hours. As also suggested by Sarge definitely send him a certified letter stating you have been trying to reach him and he has FAILED to respond within the last (whatever time: 3 months etc...). If he is investigated you will need this as proof that you tried all methods of communicating with him and he failed to respond.





www.nvbar.org/Ethics/file_a_


complaint.html





Above to file a complaint if attorney is in Sourthern Nevada





www.nvbar.org/Ethics/Ethics_


overview.html





Above to file a complaint against attorney in State of Nevada





ag.state.nv.us/org/bcp/


complaint_form_bcplv.pdf





Above to file complaint with Nevada State Attorney Generals office





Sorry I couldn't post entire link's on one line. It wouldn't post in it's entirety. From experience those cases rarely settle in such a short time. I have a case that's been pending over a year now, but he should be communicating with you and this is where the problem lies. Good luck.
Reply:Report that sleeze!
Reply:i say report him and then get another lawyer to take him to court especially if you payed that lawyer and at the same time get your money from that restaurant.
Reply:I would settle this matter in small claims court [ claims under $5000], where you can represent yourself. This case is pretty clear cut as to who is in the wrong.
Reply:Contact the State Bar Association and report him, and while you're at it report his law office to the Better Business Bureau. Next, write the lawyer a letter informing him that you no longer want him to represent you and send it to his office via certified mail (so you have proof they got it). Finally, get another lawyer and have them get working on it. In most states, you only have two years from the date of incident to file a claim or lawsuit against the restaurant/casino.
Reply:Talk to another lawyer ASAP and report him. If a suit has been filed, the new lawyer could take over. If not, teh statute of limitations may be running out. Hurry.
Reply:I can't believe that he told you he would get a settlement in 90 days. That hardly ever happens. Usually the defendants like to stall and drag it out because they really don't want to pay you a dime. It's very possible that your lawyer is not the hold up. One year is common for personal injury settlements from the time of the first negotiations. If your lawyer is not returning your calls, then you might want to ask his/her secretary for a status update. If the lawyer has been in trial or something then they can't call you back but maybe if the secretary could get a word with them, he/she could relay the message. If it drags out too far though, and you never get a return call on the status, I would call the state bar and make a complaint. That should be a last resort though. Bar complaints are very serious and can destroy their career so make sure you believe they have really committed malpractice before you do that.



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