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Attention PI & Med Mal Attorneys! Your Clients May Be Looking for a New Attorney

By Gerry Oginski

Not a day goes by without getting a call from a disgruntled client asking if I would be willing to take over their case from another attorney.

One of the first questions I ask this person is "Why do you want to switch attorneys?"
The response is usually one of two possible reasons:

1. The original lawyer has withdrawn from their case or
2. The client is unhappy with what the lawyer is doing, or in some cases, not doing.

When a lawyer withdraws from a case in New York, he must get permission from the Court to withdraw as the attorney. The Court will then give the client ample time in which to try and find another attorney to continue the case. Clients may not realize it, but when an attorney withdraws from a medical malpractice or a negligence case, the defense knows that there must be some problem either with the merits of the case, or a conflict between the attorney and client that cannot be resolved.

In either situation, it sheds a cloud over the case. A new attorney taking over the case has many intangible obstacles to overcome.

Just this week a potential client asked me to take over her case telling me that she had an "excellent case." Her attorney had withdrawn and now she had all the records to give to the next attorney.

When I asked why he withdrew, the response was "Well...he and I didn't get along."
"He didn't want to do what I asked him to do..."
"He wasn't really doing anything on my case..."

I informed this woman that it is my policy that I do not take over a case when another attorney has withdrawn. I do not need to inherit a whole host of someone else's problems. Her response was "There are no problems with my case. Only with my attorney."

What type of client do you think this person would be?

When the client is unhappy with what the lawyer is doing, it's usually because there is a lack of communication. I will always suggest that the client sit down with their attorney and have a straight-forward conversation about their concerns.

An open line of communication with the attorney is vital. Stay in the loop, keep informed, and ask your attorney for regular updates.

If you have any legal questions about your possible case, or for more information, go to Gerry's informative website, or call him at 516-487-8207. He welcomes your call.

The Law Office of Gerald M. Oginski, LLC
25 Great Neck Rd., Ste.4
Great Neck, NY 11021
516-487-8207

Full post as published by New York Medical Malpractice Blog on February 21, 2009 (boomark / email).