This is completly frustrating! I wrote a dire need letter to my congressman and got an expidited hearing scheduled for March 5, 2008. I am homeless, without a job for 3 years, and have a bipolar diagnoses along with other serious physical problems. I called my lawyer the day before the actual hearing, and was informed he retired. Someone whom I’ve never met is representing me. I don’t even know what he looks like. Isn’t this a fine how-do-ya do! I was not notified and had I not called his office, I would have been completely uninformed. How can I expect this replacement lawyer to represent me when we have never met? What is your suggestion?
–Steve
Jonathan Ginsberg responds: Steve, it sounds like you have a difficult choice to make. I would certainly not be happy to learn that my lawyer had retired and transferred my file to someone else without any notice to me. Most lawyers I know would at least make an effort to contact their clients if closing their practice. You do say that you are homeless – is it possible that your lawyer was not able to get in touch with you?
With regard to the new lawyer, he may very well be very capable. On the other hand I would be concerned that he never made any effort to contact you. From my perspective the fact that the new lawyer has never met you is less important than knowing whether he has thoroughly reviewed your file. What you don’t want to happen is ending up at a hearing where the medical records are not updated and the lawyer does not have a clear theory of your case. Periodically lawyers from other States will hire me to represent a client in a Georgia hearing. As long as I am familiar with the file and know what I want to prove, I can spend an hour with the client prior to the hearing and be sufficiently prepared.
I would suggest that you contact the new lawyer and try to meet with him today or a minimum of an hour before the hearing. Ask him if the file is updated and if he has a working theory of your case. I would also ask him to level with you – if the case is not ready to try or if he is not ready, I’d rather ask for a continuance and wait a couple more months than to lose a winnable case because the file wasn’t updated or the lawyer wasn’t ready.
At the end of the day, you want to win – it doesn’t matter who the lawyer is. The records in your file and the opinion of your doctors is far more important. These factors are where I would put my focus. Good luck and let me know how it turns out.