High Pressure tactics from my lawyer
 

Hi Gang,

I didn't know where to put this, so I originally posted it in "social chat." Jo*mar suggested that this might also be a good thread to get some feedback.

As some of you know, I'm involved in litigation over serious injuries sustained at the hands of a drunk driver. Sadly, merit notwithstanding, winning a lawsuit is next to impossible in my province.

Without going into all the details, pursing the litiation is taking a terrible toll on my family and my health. At the recomendation of my doctor, I decided to stop and infomed by lawyer in writing to offer the other side a pre-discovery settlement that would cover my legal fees. Given my injuries, this would be a real bargain for the other side. Anyway, today I got a letter making it clear that not only did my lawyer not follow my instructions, but in the past week my legal expenses have doubled making it less likey I could recover all the fees without going to discovery. Of course, she was demanding that I go to discovery or pay up in full immediately.

In my province lawyers are required to follow all legal instructions from clients. What should I do about this unethical bully? I don't want to go to discovery but she's one of the province's most eminent lawyers and I don't expect much help from the Law Society. It appears to be a clear case of malpractice, but suing is exactly what I was trying to get out of in the first place. I have been so through much that I've really reached the point that I wished I'd died in the crash. :(

NOT understanding the Canadian legal system (heck, I don't fully understand the U.S. legal system :confused:) -- I can only say that I will add you to my prayers!!:hug:

(And add that I truly believe that YOUR attorney will be served her own plate of "justice" some day -- you may not see it, but it WILL happen -- in God's own time.)

Dear Hockey,

I'm so so sorry to hear about your problems. I know how litigation can take a toll, at around the time I got sick I was involved in some legal matters and had to let the case drop since because of my illness I couldn't handle it, although I was the victim. Unfair but what could I do.

I think you are in a different country and I'm not a lawyer anyway, but you might look into the option of changing your lawyer. Do you have good evidence in your case? If they think you have good evidence it may pressure the other side to settle, however, they might be waiting for the discovery period to see just what evidence you have, after discovery they will probably want to settle, but knowing you are desperate to settle they don't have incentive to give you a good offer.

Another thing is can you find a lawyer to work on contingency (meaning they get a percentage of what you get, not paid by the hour) because it sounds like you are running up a huge legal bill. Warning my lawyer was on contingency and didn't work very hard on the case at all (since no hourly incentive to spend time on it) On the other hand the other side had a fancy expensive law firm with lots of lawyers, they knew the evidence was against them and just spent time harassing everyone I know, calling them and trying to dig up dirt to use against me (they couldn't find any). My lawyer even said "you don't know what they'll do" kind of like they were threatening. Discovery can get ugly and expensive if you're paying by the hour, especially when they waste time and run up the cost with threats and harrassment. Anyway I had to drop so they got what they wanted.

There are some legal websites where you can ask a question free to a lawyer online anonymously or ask for a free confidential case evaluation, see if there are sites like these for your country. Maybe try some of those anonymously and see if you can change lawyers to someone who will work on contingency and handle the case as you want. You will still have the first legal bill to deal with, but I guess that will have to be factored into the settlement agreement. If you think something is unethical or against the rules, there should be a legal organization you can report the lawyer to, here you can report them to the Bar. But be careful with that, as your lawyer will defend herself, hate you, and possibly that can effect your case.

Good luck and Wish you all the best.