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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 110492
Experience:  Attorney experienced in commercial litigation.
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Law Educator Only: Here is a query,as our family, (injured

Customer Question

Law Educator Only:
Good evening. Here is a long query,as our family, (injured plaintiff)is very close to me
and i am asking this query for general purposes only as always.
I,(the family that is)close friend of mine have a injury lawyer(section 1983 viable claim) where we won a right to move forward with the lawsuit against 2 state employees. Plaintiff, us all as support system, family close friend etc, the plaintiff's did this on our own, pro-se, won the right to move forward years ago.
Child suffered so bad. Judge was shocked to see what happened(with evidence and DENY
the state employees each 1 immunity early on)2 years ago.) Such lawsuit i am told by the (new lawyer)taking over all settlement talks from last year, or year prior like 17 months ago, saying how they will no matter what LOSE at summary judgement,, and this made us,as a family,friends etc. all feel confident and good that finally as lawyer said this case is really "over."But summary judgement is first needed etc., so we all were agreeing ok good, let's do this and get this either to jury trial by end of summer,AND or reasonable settlement as lawyer said,"Judge told her too this is what needs to happen."Been going on over four long years now...I think the lawyer(lied)about her expertise in this field of law i really do and i told the injured son(adult now)and his mom this who is my closest friend.
I will post the other part after this part tonight. thank you.
there is a second part
Submitted: 4 months ago.
Category: Consumer Protection Law
Customer: replied 4 months ago.
had to re-charge cell and put charger in. see below second part to query:
After family won pro-se,we all agreed to try to get a lawyer now for settlement talks etc. and did just that. PLTF.(plaintiff)since then hired a lawyer. She, nor me, her bff, or her parents etc., her entire family haven’t heard from the law firm now for shockingly like 3 & a 1/2 months come July 1st. I’m so sad over this but keeping my head up as i need to do since we have a great lawsuit and the judge even called us in to see if it can be settled since january. Judge i can tell is clearly attempting to avoid a trial here. Defense has ignored 99.9 % of all of the injured plaintiff's claims;allegations all serious as judge noted on the record four x as their summary judgement already have been given to the "lawyer." (February!) Yet even though she promise a copy to review/go over face to face or by phone with client, she has not. The lawyer then change it to, "well"there is things in there saying attorney eyes only so you can't see a copy til' it's redacted, and now she said well"you can't see a copy til' i place it on the docket?" SMH This is all perplexing to her, me, her parents, her brothers, her son(the victim/share suit with his mom my very close friend.)
QUESTION, isn't the plaintiff suppose to have a copy by now of the defense summary judgement, "redacted?" He has cited to state lawyer a jury will not have any problems with this at all IF it go to trial. I personally,as the plaintiff all smile hearing that. But again she still has not received a copy of her summary judgement of the defense nor has she receive a copy either of a summary judgement(redacted copy)the lawyer said she will give PLTF., a copy and as you're reading she changed her statement several times(see above again) This was due way back around march 15th, or no later than early April 2016. I have had 1 phone call that i made to her 3/15. This lawyer has not called at all. for almost four months shockingly.Finally even though angry, i called and the plaintiff called. I learn today she move her office closer to the district federal court in our state. Didn’t even tell her own client or our family. Did not tell anyone how she moved/with a new office business line. I know that the summary judgement was due in(to the judge first) he wanted to “wait”he told defense until HE the judge take a look at what the state defense will present he said,and if it wasn’t any type of “favorable to the state defense etc.,that he said he will force us to all settle.”I’ve heard from lawyers coast to coast this is a “Very good thing”for the injured plaintiff premise on a judge rarely will do this. But again the lawyer told us all months ago,”as soon as i am done with your summary judgement opposition, you’re getting a copy of it, BEFORE it is sent to judge. But now?I have not received anything,and it is not on the docket either.”I’ve spent years on this suit,without a lawyer, then hired her.”I feel she is wrong for treating her own client this way. Plaintiff injured sure do not want this meritorious suit to be dismissed premise on her continued lateness, lies as a lawyer i.e, "i will call you back, i will speak with you on this date, i will get you a copy when done"soon" in march,april may june!" all lies. Never still receive a copy of summ judgement oppositional ... Brother of plaintiff(due to plaintiff) being befuddled over this email her.She wrote him in april saying, “oh i can only talk to my client.” He order her to call me, or the plaintiff or plaintiff parents etc., saying how depress the plaintiff my bff is etc., ”She has failed to call at all.i am a student and going to law school and i have never seen a more uncaring nefarious act by a lawyer...But on the business level, the plaintiff agree she is going to "keep her."as her lawyer. What can we do next?I personally for her called the court as she did to. .Law clerk was shocked,saying can't speak to judge but sure can write a bar complaint/and or a letter for the judge presiding...Then he will or his clerk call the incompetent lawyer see what is going on here. Law clerk said, "Yes, you're in summary judgement,the last part of this suit etc., and you're doing so well etc. " and he could not believe what he was hearing the other day. Judge already told state defense A.G.,(D.A.G)defense lawyer, there is many genuine issue here with our family,and how again he want to look at the suit first”prior to scheduling trial date- etc., for which he has not at all scheduled. He said this is the “worse case he seen of “cps”dhs fraud on the court/wrong conduct etc., and the serious injuries inflicted on a then under 18 y.o. child... ”What can i do since i have not heard from my lawyer and "is this normal" behavior from a lawyer who know what he or she is doing? It’s been almost four months.Not 1 conversation from the lawyer nor a copy of my summary judgement opposition to review.”
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem here is that once she makes any complaint against her attorney, the attorney will quit because of the complaint and they are obligated to do so. Now, the first step you need to take is you would need to schedule an appointment for an in person meeting with the attorney and address each one of the concerns that you have with his performance and what you want to get done. You need to set a timeline for it to be done. If the attorney cannot satisfy your demands then it is time to fire him regardless of what the plaintiff feels about it. So she would need to either find another lawyer to take the case or go back pro se at that point.
At that point she can also consider filing a malpractice case against him if his inaction and negligence causes her harm in her case. However, she would have to wait until her case finishes first. If she wins the case she could not sue for malpractice.
Customer: replied 4 months ago.
I just log back in ...
I was citing that yes, she is not going to fire her attorney.
But i need clearer answer for which is not answered, let me repeat brief:
-summary judgement was not seen yet from defendant who serve a copy as judge said to judge presiding/and injury lawyer.
Where is the copy for the plaintiff who is legally entitle to see their own summ judgement correct?
and i ask:
summary opposition has not been seen either ...Not at all.
Is a plaintiff entitle by law to see a copy as the injured party opposition to the state defendant(summary judgement)
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
The client does not necessarily have a right to see their summary judgment or any pleading before their attorney files it. That is something an attorney does as a courtesy to a client, but they are not mandated to see before filing. Once it is filed, then they can see a copy in the court file.
Customer: replied 4 months ago.
You're saying, once it is on the actual docket etc., right?
Got it. But again, shouldn't the attorney have discussed this with the plaintiff to make sure ALL facts are accurate and or that nothing is left out that would naturally support such summary judgement and why it should be DENIED to the defendant? She has not even spoke with her lawyer in almost four months. Make no sense at all. This is the most relevant part of entire suit.and again she is not going to fire her at all. She is going to make her see all this through, and i am sure she will make appt to go see the lawyer at her"new"location,for which she will just pop up ..No way she will call,because she has been mistreated too long now,and i told her too i will take her. We will just pop up, this way she has to see the family.the injured. her clients she has ignored for four months knowing how crucial this part of the suit is.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
The attorney should have made sure their facts were correct, whether that was from discussion with the client or from records and information the attorney already had. However, you need to sit with this attorney and find out what her issue is because there may be a reason the attorney has been not communicating with her or the attorney may be willing to change how they handle the matter with her.
Customer: replied 4 months ago.
I'm just able to read this. thank you. yea. i mean maybe but reality? if a lawyer is thinking of different"ways"to approach her summary judgement, in which right in front of me, when i met her, as her parents,grandparents the son etc. ,i recall her saying january february as we all were awaiting A.G., or the Deputy atty.general (d.a.g.)summary judgement to finally be handed in i recall her smiling outside saying,"oh this is a case where it really is a slam dunk premise on the information gathered and how a state d.a.g. failed to even respond to the "serious tragic allegations,violations by his caseworker, actually several."and how she said,"this will not be a decision that goes the "D.A.G."way, premise on such factor,and how the judge didn't even want to nor schedule a "pre-trial dates."and how he want this settled,telling her and the a.g. that,. etc. so that is good."but now we do not hear from her weird. I know she want me now to bring her and i told her i will next week, when i have a day off she said no need to "call" just show up and talk with her, and not in a tone of anger.(She is not letting this lawyer off the hook)and again she feel as i do,looking at the BIG picture,the lawyer was not as "experience"in the suit at hand,as she said early on.The signs are not hard to read."But at least they are at the "end of it all" ya know. She just don't want it to be a situation as to where the lawyer has "walked off!"and didn't tell her. I told her i doubt that. She represented her AND the child not just the mom."So she would have had to reach both child/adult age now,and the mom."and she hasn't.Also we have to check the docket again tomorrow, to see if anything is filed on there, as her lawyer said in "april"would happen.(Redacted copy)but again best thing is your right . Talk to the lawyer face to face meeting. etc.,
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

In reality, when an attorney signs on a client, we do not send them every pleading before we file it unless there is a prior agreement with the client to do so.

If the attorney did not do their job, then that negligence is grounds to sue that attorney for malpractice. However, you hire an attorney for their expertise to do their job, IF THEY ARE DOING THEIR JOB, then it is not an issue for them to submit pleadings without sending them to clients and it is only when they are negligent that it is an issue.

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