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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