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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am in an odd peripatetic and need some direction.I have been

Resolved Question:

I am in an odd peripatetic and need some direction.I have been involved in a civil superior case for almost 3 yrs. My husband & I have been very confused by the direction our attorney has take threw out this process but not knowing any better went along with it. Abruptly, our attorney retired over night due to a terminal illness - we have been left with out counsel since this has happened because we spent all of our money with his fim and we are also at a in-pass with the case. While I have been talking to new counsel, having a paralegal help me threw the most resent filings to keep things moving and talking with the appeals clerk - they all say our attorney was not up to this case physically or mentally and should have handed it over to a partner a long time ago. We lost our notion for a mistrial based on the fact that our attorney filed late, argued the wrong statues and a few other things. I am looking to find out my options here. Our past attorney was/is a great man & i do not believe he intentionally did anything wrong but this still leaves us in a very bad perdicimant with a million dollar judgement on our head.
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Legally, his firm and malpractice insurance is liable to you for his malpractice. Even though he had a physical issue that led to his retirement, he was responsible to provide competent legal service or properly transfer the case to someone in his firm who could do so and the failure to do so is malpractice. Thus, if your new attorney cannot straighten out what the attorney did, you must file a malpractice suit within two years of discovery of the malpractice and he, the malpractice insurance and his firm would be jointly and severally liable to you for any losses you have suffered as a result of his malpractice. You need to put the firm on notice regarding this and inform them that you expect some resolution on this matter if your new attorney cannot resolve the issues and get the case back in court and to trial.


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Customer: replied 2 years ago.

I emailed his partner and sent him a copy of the motion that the paralegal did up for me that was filed on friday about Mr. S (attorney) not representing us zealously, missing deadlines and arguing the wrong statues. He was defensive and suggest I see independent counsel - what now?

Expert:  Law Educator, Esq. replied 2 years ago.
At this point, you would need to file a malpractice complaint through your state bar office of disciplinary counsel (http://www.ncbar.com/). You also need to seek a local legal malpractice attorney to assist you in pursuing the firm and attorney and their malpractice attorney.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 92756
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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