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Stuck Talking to a Case Manager Instead of Your Lawyer?

When you hire a lawyer, you should get a lawyer, not months of updates from someone who isn't one.

The short answer: Case managers can help with paperwork, but they aren't attorneys and can't make the legal decisions your case depends on: coverage, evidence, strategy, and timing. If you can't reach your lawyer, you can switch.

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What's the difference between a case manager and a lawyer?

Case managers gather records, send letters, and update clients. They are not attorneys and are not trained to make legal decisions.

Many work hard, often on very large caseloads. But evaluating insurance coverage, preserving litigation leverage, and spotting every strategic issue takes an attorney's judgment.

What decisions in my case need an attorney?

Coverage, evidence, additional defendants, liens, and whether a settlement would harm other claims.

  • Bodily injury, UM, stacked UM, MedPay, commercial, premises, and umbrella coverage
  • Health insurance coordination, liens, and subrogation
  • Other potentially responsible parties
  • Surveillance video, incident reports, witnesses, and preservation letters
  • Whether a settlement would harm other claims

If these are missed, you can lose money.

Can a case manager miss insurance coverage?

Yes. A file may look like it has limited coverage when there is more.

A file note may simply say "$50,000 coverage" or "no coverage." An attorney should ask: Was the policy actually reviewed? Was UM properly rejected? Are there multiple vehicles or additional policies? Did the carrier disclose everything? See my guide to UM claims.

How does case-manager handling affect evidence?

Delay. Video gets recorded over, logs disappear, and witnesses become hard to find.

Florida's Third District recognized that a store was obligated to preserve surveillance video after receiving a presuit request specifically asking it to. Pena v. Bi-Lo Holdings, LLC, 304 So. 3d 1254 (Fla. 3d DCA 2020). The same court noted that a duty to preserve evidence does not exist at common law; it has to come from somewhere, such as a contract, a statute, or a request. If no one sends the request, the video may simply be recorded over. That's why attorney involvement at the beginning matters. More on evidence preservation.

Thinking about switching lawyers?

In most contingency-fee cases, switching costs you nothing out of pocket, and I handle the conversation with your old firm. Here's how switching works in Florida →

Common questions

Is it normal to never speak to my lawyer?

You should be able to speak with your attorney about important decisions in your case. If you cannot, that is a reason to consider a change.

Will I talk to Attorney Albert directly?

Yes. You talk to me from day one.

Can I switch lawyers without paying out of pocket?

In most contingency-fee cases, yes. See how switching works in Florida.

This page is general information about Florida law, not legal advice for your situation.