"Please Take Over My Trial...NOW"

I received a call late tonight from a woman who was in the middle of a medical malpractice trial here in New York. She asked whether I would be interested in taking over her case since she was unhappy with her legal representation.

I told her that it would be impossible since the trial judge would not suspend her trial just to get a new attorney. Nor would the judge give her a 'do-over' because she didn't like the way the testimony was going in to the jury. The middle of a trial is not the time to realize that you don't like your attorney.

I told her there was nothing I could do to help her, and that any questions or concerns she has, should be directed to her current trial attorney. She didn't seem very happy with my response. In addition, I told her that even if she would be able to discharge her lawyer and another one came in to take his place, the first lawyer would have a significant lien against the attorney's fee for all of the work he did up to that point.

That means that the second lawyer would have very little incentive to take on a case with such baggage.

The bottom line?

Get to know your attorney before ever getting to trial.