By Edward H. Rosenthal
My case is ready for trial and the lawyer who has processed this case has informed me that he has retained another lawyer to actually try the case. Is this legal and ethical and will it affect the fee I have to pay?Queens County has many small law offices consisting of only one or two lawyers. There are many able lawyers who feel comfortable in processing a case up until the time of trial, but then feel that somebody who is familiar with the court system and the trial of lawsuits will be more effective in trying your case. Since you paid a retainer with your original lawyer, there is no extra charge for retaining a trial lawyer.Obviously, it is important that you meet the trial lawyer prior to the actual court appearance, not only for preparation but to insure that you feel comfortable with his ability to try your case. You are not bound by your original attorney's selection of a trial lawyer, but it is essential that you communicate any reservations about his selection so that you feel comfortable with the trial lawyer when you actually go to court.I have not heard from my lawyer relative to my case for two years. When I tried to call him, he never returned my calls. When I finally reach him, he tells me nothing is happening on my case. What can I do?Each case in which an action is commenced receives an index number. That index number will follow the case from its inception until completion. Your lawyer may be busy, but he is obligated to keep you apprised through letter or phone communication as to the progress of your case. Even if be is busy that obligation continues.However, if he does not return your calls or you are unhappy with his response to your communication, you may find the answer to your case through the Internet at www.e-law.com. The Queens County Bar Association also maintains a Web site at www.qcba.org, which will lead you to the same information. You will need the Index Number of your case in order to obtain this information. If you cannot locate the Index Number, you will also find the case filed under the name of the plaintiff or defendant.If you do not have access to a computer, you can go to the County Clerk's Office on the first floor of the courthouse located at 88-11 Sutphin Blvd. in Jamaica and obtain assistance from one of the clerks.Ordinarily, an automobile case should be reached on the trial calendar in a period of no more then four years from the inception of the claim. However, there are sometimes mitigating circumstances to delay the process. Insurance companies go into receivership, a defendant dies and discovery is delayed for reasons beyond the control of the lawyer, or the status of your injury as to its permanency is not ascertainable, so that further medical consultation is necessary.Your attorney is retained to serve you. This is part of a series arranged by the Queens County Bar Association as a public service to our readers. Edward H. Rosenthal is past chairman of the QCBA's Torts Committee.
