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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Personal Injury Law
Satisfied Customers: 13547
Experience:  I have successfully handled number of Personal Injury cases
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I was given a different lawyer than the one I hired who was rude to me and negative.One ex

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I was given a different lawyer than the one I hired who was rude to me and negative.One example is when I said I had been crippled by me experience he said crippled, right. I was in a skiing accident where I hurt both my legs don't talk to me about knee injuries. When my son said if he was a good attorney he would not be so rude, he said ok, you need to leave right now and stared him down. Also threatened to drop my case. I got in between them and said why are you doing this to me? Then escorted us out and said I had the weekend to think about it. I contacted the lawyer who I did hire and he showed my emails to the mean one he passed me off onto and then I got dropped.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

What is your legal question for me please?
Customer: replied 1 year ago.
Is there anything I can do? This man has ruined my law suit. This is acceptable behavior with no consequence for him just myself?
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

What state are you in?

Did you have a written agreement with this attorney or the law firm?

Did this attorney notified you in writing that he would no longer represent you?
Customer: replied 1 year ago.

California I signed the normal papers you sign when you hire a lawfirm, what in particular would I look for? The attorney sent me an email and said I have three choices and I am not sure what they mean and am scared I will end up owing him or the other side money if I make the wrong choice.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Did you agree to pay any legal fees or costs to this attorney?

What does your agreement state as far as, the legal fees and costs?
Customer: replied 1 year ago.

Not that I know of but he said that I may be charged costs by the other side. I would have to look up my agreement and that would take some time. Not something I can answer quickly. Do know that I was told there was no fee unless they won the case.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Is the other attorney who has been mean and rude to you works for the same law firm as the lawyer that you initially hired?

Also, do you want to keep this law firm or do you want to hire a different attorney to represent you?
Customer: replied 1 year ago.

Yes to the first question. I tried to send an email and apologize for anything I did wrong and ask him, since he works for a large law firm, could he allow me to transfer to someone else. He said no. No one else is going to take the case because it is a slip and fall and no attorney wants that kind of case where another attorney is owed money for his time spent on the case. So there I sit. Very depressing in many ways.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Is this attorney and his law firm still willing to represent you in your slip and fall case?

Do you know if a lawsuit was filed for your case?
Customer: replied 1 year ago.

no and it was at the point where depositions were to be taken. Mine was to be this coming Friday and he said in his email it was canceled but that was 7pm yesterday.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

If there are depositions scheduled, that would mean that a lawsuit has been filed.

So this attorney pretty much informed you that his/her law firm will not longer represent you in your case?
Customer: replied 1 year ago.

yes but that is the thing he is making me make a decision of three choices and from what I can tell it makes it sound like I am dropping the law suit. I feel like I am being misled in some way and he is very anxious to get my reply. I could look up the email and the three choices if you need me to.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Can you please tell me what are the "three choices" that this lawyer is presenting to you?

Thanks.
Customer: replied 1 year ago.

sure give me a few minutes to look it up and copy it down and send it to you. Thank you so much for trying to help I have felt so depressed and beat up.

Customer: replied 1 year ago.

(1) you may promptly retain other counsel to represent you in this matter. If you elect to retain other counsel we will provide them with the entire contents of your file, including the contents of your prior attorney's file. As the matter is in litigation, you must retain other counsel now. If you wish to take some time to retain other counsel, then you will need to sign a substitution of attorney form. This document will be filed with the court indicating that our firm has been discharged as your attorney of record, and that you, for the present time, will be acting as your own attorney. You may retain any attorney of your choosing thereafter. (2) you may instruct our office to file a dismissal of the lawsuit. Once the matter is dismissed you will not be able to proceed forward with any civil action related to the subject accident. As previously stated, I will contact defense counsel in an attempt to secure a defense waiver of costs.


 


As stated above, I require your immediate response with respect to your choice of the above stated alternatives. Failing a response from you, we will have no other alternative other than to seek an order from the court discharging our firm as your attorney of record, and substitute you as your own attorney.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Have you contacted this attorney and asked him to reconsider this decision to terminate representation?
Customer: replied 1 year ago.

yes, yes I asked him to reconsider and if he did not feel we could communicate then assign me to someone else. I did not hire him in the first place, I hired the other attorney and no explanation was ever given nor was I told I was being transferred to him he just took over.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Unfortunately, when you hire a law firm, unless the contract for legal service specifically state that only specific attorney from the firm is going to represent you, it is perfectly legal and ethical for the law firm to assign client's case to any attorney who is employed with the law firm.

Unfortunately, at this point you can try to speak to a managing partner or the owner of the law firm to see if they would reconsider their decision and if not, you would be able to file a formal complaint against this attorney and the law firm with California State Bar at the link below:

http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx

Also, you can consult with some other local personal injury attorneys and hopefully you would be able to find another personal injury attorney who would be able to take on the representation in your case.

You can find local experienced personal injury attorney by using these well trusted and reliable attorney information / referral websites:

www.martindale.com
www.lexmundi.com
www.justia.com
www.lawyers.com

I wish you the best of luck!
Customer: replied 1 year ago.

Why would I file a complaint against him and what for? Is he not suposto drop me, is that what he is doing? Do I have to make a choice and which one?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

If the attorney who was assigned to your case was rude and unethical to you, then you could make a formal complaint against the lawyer and the firm and California Bar Association will investigate your complaint and will take disciplinary measures if necessary.

I cannot tell you what to do, but you would have to make a choice as to which lawyer you want to hire or whether you want to speak to the managing partner or the owner of the law firm that you have already hired, to see if they would agree to continue to represent you.

I wish you the best of luck!
Customer: replied 1 year ago.

Sorry, I still don't totally understand. Has a law suit been filed or is that only when you go to court? No court date. Is he being unethical by asking me to make the three choices? Is that an attempt to make it look like I am dropping the case? If not, how else would I complain about him not being unethical?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

According the facts you have stated and the email you described, a lawsuit has been filed by this attorney and is currently pending in court.

If the attorney has been rude or unethical to you and if this attorney now is dropping you as a client in the middle of the case without any valid reason, that would be unethical and also might be legal malpractice as well.

I wish you the best of luck!
Customer: replied 1 year ago.

Thank you so much for all your time and not becoming upset with me for not understanding. You are amazing! Have a good night/day depending on your location.

Expert:  Alex J. Esq. replied 1 year ago.
Thank you and please click on the "excellent service" rating so I can receive credit for my answer.

Positive feedback and bonus is always appreciated, but is not required.

I wish you the best of luck and God bless you!
Alex J. Esq., Attorney at Law
Satisfied Customers: 13547
Experience: I have successfully handled number of Personal Injury cases
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Alex J. Esq.
Alex J. Esq.
Managing Attorney
112 Satisfied Customers
I have successfully handled number of Personal Injury cases