Matlock owlMatlock
The Shoulder
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clever-otter-189

My attorney has ghosted me for over a year and settlement is just sitting there — what do I do?

I don't even know where to start with this because it's been such a nightmare, but I'll try to lay it out.

About two years ago I was rear-ended on the highway by someone who ran a red light merging onto the on-ramp — long story, but it was clearly their fault, documented, police report and everything. I had a pretty serious back injury, missed a ton of work, went through PT for months. Not a fun time.

I hired a lawyer early on — someone I found through a family connection, which in hindsight was probably mistake number one. For the first few months things seemed okay, then communication just... stopped. I'm talking emails that go unanswered for weeks, voicemails that never get returned. I've spoken to him maybe twice in the last fourteen months, and one of those was a two-minute call where he basically just said "we're still working on it."

Here's what's killing me: I reached out to the other party's insurance directly (I know, I know) just to understand the timeline, and from what I can piece together there may already be an offer on the table that nobody has told me about. My own attorney won't confirm or deny anything.

I've tried contacting my state bar association to ask about options. Submitted an inquiry, heard nothing back.

I'm not broke but I'm not flush either, and I genuinely need this resolved. I'm also starting to panic about statutes of limitations — I have no idea where we are on that clock and my lawyer won't tell me.

Has anyone successfully fired an attorney mid-case and found someone new to pick it up? Is that even realistic? Any advice appreciated — I'm honestly at my wit's end.

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8replies

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8 replies

  • 14
    bold-badger-926

    Do NOT have any more direct conversations with the other side's insurance company. Even casual "just checking in" calls can be used against you. I know you're frustrated and want answers, but please stop doing that until you have new representation locked in.

  • 15
    swift-badger-908

    I went through almost exactly this. Fired my first attorney about 16 months in — felt terrifying but it was the right call. You absolutely can switch lawyers mid-case. The new attorney works out the fee split with the old one; it doesn't usually cost you anything extra out of pocket. Just do it sooner rather than later because you're right to worry about that SOL clock.

    • 4
      clear-elk-788

      I used to work on the insurance side. If there really is an offer sitting there, it's not going anywhere — insurers don't yank offers just to be difficult, at least not until the SOL gets close and their exposure changes. Your more immediate problem is figuring out how much time you actually have left on that clock, because that's what will make them stop playing ball. Get a new attorney who can tell you that number immediately.

  • 8
    mellow-owl-345

    Not legal advice, but — you have the right to terminate your attorney at any time. Send a written notice (email with read receipt, or certified letter) clearly stating you are ending the representation and demanding your complete file within a reasonable timeframe, like 10 business days. That file belongs to you. Once you have it, another attorney can review where things stand, including where you are on the statute of limitations. Don't wait on this.

  • 5
    daring-swift-317

    A few practical things: First, the bar complaint process is slow but keep the paper trail — it matters later if there's a malpractice issue. Second, when you look for a new attorney, specifically ask them in the first call whether they take over cases from other attorneys and whether they'll tell you exactly where your statute of limitations stands before you sign anything. Most decent PI firms will do a free consult and can pull the court records to figure out what's been filed (or not filed) on your behalf.

  • 8
    clever-newt-921

    Fire him in writing today. Seriously, today. Don't call, don't text — write a short email or letter, keep it professional, say you're terminating the relationship and want your file. Then spend this week calling PI attorneys for free consults. Bring every document you have. The situation is fixable but you have to move.

  • 6
    bold-marten-874

    Quick question — do you know for certain nothing has been filed with the court on your behalf? Sometimes there's more going on than clients realize because communication is terrible. Not defending the attorney, the communication sounds inexcusable, but knowing whether a lawsuit is actually pending changes your options a bit.

  • 9
    mellow-elk-549

    This sounds so stressful, I'm really sorry. The ghosting alone would drive me crazy, but combine that with not knowing what's happening with your own case? That's awful. Please don't let this drag another month — you deserve someone who actually picks up the phone.