请问这个律师有没有Misconduct - 未名空间MITBBS历史存档

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请问这个律师有没有Misconduct

请问这个律师有没有Misconduct# Law - 律师事务所

t*j2006-11-08 08:11

1 楼

说来话长。
我的夫人和孩子在我们来美国第十天过马路的时候被一86岁老人开车撞伤（是对方全责
）。我们的医疗保险是在车祸的第二天才开始生效，所以车祸当天的所有账单都不能
被cover。车祸后，我就在当地雇了一个律师，同时也开始了带着老婆孩子到处看病
的痛苦经历。由于我的律师告诉我不要用我自己的保险去付与车祸有关的账单（他告诉
我，即使我用了我的保险，在我得到肇事司机保险公司的赔偿后，我还得reimburse我
的保险），所以车祸后去看医生的大多数时候，我没有用我的保险去付帐单；但是
在有的时候，我还是用我的保险去付了一部分账单，因为在有些地方checkin的时候，
他们receptionist askedfor my insurance card。所以目前的事实是，我的所有账单
中，一部分我用了我的保险，另一部分没有用。近两年后，我的律师将对方保险公司的
settlement给我发过来了，问我是不是同意这个赔偿方案。在我仔细阅读以后，我发
现对方保险公司给我的总赔款还不到医疗总费用和律师费的和，也就是说在付了律师费
后，我还得自己拿钱去付delinquent的bill

w*o2006-11-08 08:11

2 楼

Subrogation is an insurance law term which basically means that it is
between the insurance companies to decide who pays for the accident. I would
guess that your lawyer probably assumed your insurance company had a
mandatory reimbursement term before even contacting them to make sure, so
they told you to not use your insurance to be on the safe side. This is
ignorant of them.
If you want to file a complaint, contact the law society which govern the
professional legal services in your area. The

w*o2006-11-08 08:11

3 楼

also, any reason why you used your own insurance at the time, did you
contact 86歲老人's insurance company first?

t*j2006-11-08 08:11

4 楼

Hello. I appreciate your answer. Now, I want to fire this attorney since he
is so ignorant of the knowledge about this field. Could you tell me some
advice how to fire him? I don't want to pay him at all since he does'nt
deserve it. I think at least he had two midconducts:
1, give the wrong suggestion to his client. He ever told me I cannot use
my own insurance to pay the bills related to the accident but I called my
insurance and turned out he was totally wrong. Because of his misconduct, i

【在 w******o 的大作中提到】

: Subrogation is an insurance law term which basically means that it is
: between the insurance companies to decide who pays for the accident. I would
: guess that your lawyer probably assumed your insurance company had a
: mandatory reimbursement term before even contacting them to make sure, so
: they told you to not use your insurance to be on the safe side. This is
: ignorant of them.
: If you want to file a complaint, contact the law society which govern the
: professional legal services in your area. The

w*o2006-11-08 08:11

5 楼

you can definitely try. You have to consider if the effort and time is worth it for you, however.

t*j2006-11-08 08:11

6 楼

Hello, I contacted my lawyer today and proposed all the questions. He just
emailed me back and said he could meet me next week and go through all the
issues. I know he might not want to answer me by email since it might be a
written evidence but I don't know if I can use Mp3 player to record our
conversation. Is this legal here?
Thanks.

worth it for you, however.

【在 w******o 的大作中提到】

: you can definitely try. You have to consider if the effort and time is worth it for you, however.

w*o2006-11-08 08:11

7 楼

It depends on the state you and your lawyer are in.
Some states only require one party consent while other states require both
party consent.
38/50 states don't require two party consent.
This site has more information:
http://www.rcfp.org/handbook/c03p01.html