Is it difficult to change lawyers?

November 21, 2016

Question

I have a Med mal case, and the lawyer I hired is making mistakes. He was late filing and had me sign an affidavit to cover his mistake. He put my SSN on the RJI. He didn't consult with an expert. When I finally said something to him,he threatened me and then said he was deleting my file. My case itself is easy to understand - a doctor performed an operation that I didn't need, AND then he botched it up, and I need further surgery to try to alleviate some of the pain and disfigurement. How do I go about changing lawyers without the new lawyer thinking that I am a difficult client, when I am not? Many thanks in advance.

Answer

After retaining a new lawyer, they'll take care of the file transfer, and file the appropriate papers in court. I've taken over many med mal files from previous attorneys, and on occasion, it was clear that the first lawyer took the case thinking they'd be able to settle it quickly, not realizing that this rarely (if ever) happens with a med mal case in New York. It sounds like you'd be better off with a new attorney.

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