Re: Court in Am, attorney neglected case!!!
Posted by rrr on 7/12/05
Well, there are only two things you can do... file a bar complaint and sue for malpractice. The Bar Complaint will cause the attorney some problems, but don't get your hopes up that the attorney will be hurt too much. Suing for malpractice is difficult, and then you still have to collect. Finally, you can sue or arbitrate for return of your fee. In some cases that is the best route. As an attorney, I have been threatened with lawsuits for malpractice, and those threats don't bother me at all because I am essentially judgment proof. As for State Bar Complaints, I used to worry about them when I was younger, but now that I have had several frivolous ones filed against me, I just see them as part of doing business. A complaint for neglecting the case as in your matter will just be shrugged off unless the attorney has a long list of complaints filed. In my personal business, I have been taken to fee arbitration... I win some and I lose some. Again a cost of doing business. In some cases I voluntarily refund fees to unhappy clients rather than argue with them. In some cases I fight tooth and nail. It depends on the situation. In the meantime, it might settle on the Courtroom Steps as 98% of cases do, and for all we know the attorney is far better prepared for the trial than you think. My 2 Cents. On 3/23/05, Scaredinva wrote: > I don't know if anyone has any advice but I am going to > court in the morning. I obtained an atty 4 months ago & at > 1st hearing he asked for motion for discovery which was > granted. He called me yesterday to see if I could round up > witness's as he had not subpeoned anyone, he has not > obtained any of the evidence he was supposed to either. > When he took my case, he stated it would be hard, but not > that hard. Now, I am due in court with no witness's or any > proof of my case. I doubt the judge will allow it to be > continued as opposing party has out of state witness's. I > don't know which way to turn and cannot obtain another atty > at this point as I scraped to get money for this lawyer. > Without a doubt when I walk in the courtroom I will lose > due to my attorney's neglect. He has'nt even turned in the > discovery responses. Any advice???????
Posts on this thread, including this one
- Court in Am, attorney neglected case!!!, 3/23/05, by Scaredinva.
- Re: Court in Am, attorney neglected case!!!, 7/12/05, by rrr.
- Re: Court in Am, attorney neglected case!!!, 7/14/05, by No Name Necessary - paralegal.
- Re: Court in Am, attorney neglected case!!!, 9/12/05, by me me.
|