Legal Question in Legal Malpractice in Kansas

I had a car accident where a lady pulled out in front of me. It was her fault and she was issued a citation. Initially I didn't go to the hospital, but went after experiencing headache, ringing ears, neck pain. With my car being older and not worth much the insurance adjustor refused to work with me and was very rude. I was offered a rental only on the day of the very low offer, but was told I had to pay the insurance for the car, which was more than the rental fee. I refused it. The adjustor rudely told me not to call again unless I agreed to his payment. (This insurance company had been my insurance company years before.) I contacted the State insurance commissioner and an attorney a little over a year later. Although the attorney's office agreed to aid in securing the property damage for my automobile, they did not, but the insurance commissioner's office did. Had not the insurance commissioner's office forwarded correspondence to me, alerting me of the reprieve for my auto, I would have believed the false correspondence of my attorney's office that the reprieve had not increased. The paralegal had tried to inform me that all of the information the State Insurance Commissioner's Office had told me was incorrect. In other words she had tried to mislead me prior to the reprieve. I informed the Attorney I didn't not want the paralegal to work on my case any longer. He did not and would not remove her from the case. She even lost the copies of the documents I'd delivered to the office. Also prior to my signing the agreement with the Attorney's office, the Attorney himself stated, "Sometimes we lose the case and the client still gives us a good reference". The Attorney's office excluded all costs that I paid on the medical bills from the request to the insurance company, and then made an offer. The attorney office was prepared to accept a low offer, and put a lien on the majority of the money, while also believing I may in the end have a $2,000.00 balance to repay to Medicare. Further the Attorney office wasn't going to tell me about the increase in the retrieve for the car. I told him that was not what he told me. He told me I had an attitude he didn't like, (via our email exchanges) and he quit, prior to the settling of the case, but leaving an attorney's lien for the majority of the money. He did not file it in court, nor is there a court case number so that I can ask that a judge review the lien. So I would have to pay $170.00 for a judge to review the lien. The Attorney also stated I should obtain another attorney to finish the case. Another attorney will not touch it because there's no money left, and because my injuries were not great, it can not bring about a sum in court litigation. I told the attorney I was going to file a formal complaint against him, but have not as of yet. I checked and one of his partners is on the Bar Association Committee. Also I only have a few months to resolve the case before the statutes runs out. Can you give me advice, please. Will I be responsible for the medical bills if I continue to do nothing?


Asked on 4/23/15, 5:29 am

1 Answer from Attorneys

Anthony Smith LawSmith

If the attorney quit, they may not have done all the work they were contracted to do. Thus, their fees should be less than the total owed. If you feel that the representation was less than competent, you may have a dispute as to the fees they are claiming. It is very rare for an attorney to agree to handle the property damage portion of the claim on a contingent fee basis. Perhaps you could offer to pay the attorney something directly, and they will be out of your hair. Most attorneys do not place their fee claim above all the medical bills. If the attorney feels that you will now have to pay more to medicare than yours getting from the other driver, perhaps their representatuon did you more harm than good.

But, based upon what you've stated, the attorney seems to have provided a service worth some value to you. If you went to the insurance commissioner after hiring the attorney, you set them and you up for confusion and musunderstanding. Thank God you weren't hurt worse in the collision. It is sad that you and this unnamed attorney didn't have a better experience together. If the attorney quit, you can get the funds from the other driver's insurance company (after telling them that you disallow the attorney fee lien.) You can then go through the Bar's fee dispute process. The partner will jot be able to tip the scales, or alter the determination. It might require the other driver's insurance company to send then disputed am

Portion to the Bar, pending the fee dispute resolution.

I am not saying that you do not have the basis for a legal malpractice case. But, based upon the few facts you provided, it seems unlikely that you'll find an attorney to take such a case on a contingent fee basis. If you want to explore your options, consult directly with an attorney, in your area, that handles legal malpractice cases.

Good luck

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Answered on 4/24/15, 9:07 am


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