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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88656
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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When an Attorney ou retain and pay ignores all communications

Customer Question

When an Attorney ou retain and pay ignores all communications failing to give guidance about a criticle issue, and the lack of that guidance results in you causing unnecessary legal action, what penalties and liabilities does the Attorney face? Almost all of my emails get ignored and callas are NEVER returned. I am in the middle of a legal situation where input is required. I would like to change Attornes but I am in the middle of the situation andnot sure what would happen. I fugure at the rate of $350 per hour plus, he better get off his ass for lack of a better word. Any guidance or suggestions?
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
It could be considered malpractice since the rules of professional conduct state that the attorney must communicate with the client. If his malpractice caused you to lose money, then you could sue him for those damages. You could file a complaint to the state bar if you wish, but once you make the complaint he will withdraw from your representation. You can send him a letter telling him that the rules of professional conduct mandate communication with the client and his failure to communicate has led to unnecessary legal actions and has cost you additional money.


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Customer: replied 2 years ago.
I know that his failure to communicate is potentially exposing me...that is a certainty. Yet, he is the kind of Atty that would withdraw midstream and then I am in a pickle. If I find another Atty now, is he required by any law to turn over the files or could he drag his feet? I personally now believe that he is one of th worst Attorneys I have ever seen but unfortunately, was not able to see that until now. If he even delayed in providing the files, there are dates with mediators set, etc that could put me in a bad situation. Then the question is..do Attorneys take on malpractice cases against other Attorneys? Wish I had never met this guy.
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, he is liable to turn over your information to the new attorney and if he fails to do so then you could file a different malpractice complaint against him. There are attorneys who specialize in malpractice cases against other attorneys and your state bar can provide their names or you can find them on the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88656
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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