If I’ve had a personal injury attorney for the past 7 years but nothing has been resolved, do I have the right to get another attorney?

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If I’ve had a personal injury attorney for the past 7 years but nothing has been resolved, do I have the right to get another attorney?

Asked on May 30, 2012 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can fire your attorney and hire another attorney; however, you will then end up paying two attorneys.  The first attorney will have a lien for the time put in on the case.  It would be advisable to review the retainer agreement you signed with the first attorney regarding that provision.

If the case hasn't been resolved and has been going on for seven years, was the lawsuit filed?  If the lawsuit hasn't been filed, the attorney may have missed the statute of limitations.  If the attorney missed the statute of limitations, you would have a malpractice claim against the attorney.


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