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I owe the firm that she previously worked for 1,500. She has not sent me a bill since she opened her own office.
Donna,Thank you for your follow-up. Here are my suspicions and likely why she may be acting as she is now.1. Going to the Supreme Court is extremely lucrative to an attorney, but it is also extremely stressful and takes up a huge amount of resources. The fact you won is extremely commendable as that is not always the case, but sending the same case down to be re-tried is again extremely stressful. For a solo practitioner that may not be something that they can effectively handle or perform, purely based on the resources they may have available. Something that she could handle by having the initial firm (and the wage) behind her might not be something she can do now in her current condition. 2. A 'reverse an remand' is essentially a new hearing (and perhaps why your attorney likewise feels like she is unable to go through the process all over). In a remand the lower court has to review the WHOLE case from scratch and then base their decision on all of the facts again, but take into consideration whatever instructions the higher court imposed. The decision may change or it may be upheld, but it is essentially the whole trial again from beginning to end.3. Typically a new judge can be appointed, or if an old judge is tapped, you or your attorney could file a motion requesting him to recuse himself from the proceedings.Good luck.
I found the whole appeal process to the Supreme Court to be the easiest
part of this whole process. Briefs were filed, and a decision was issued.
It was amazingly simple, compared the process of depositions and hearing after hearing that I had to go through with the lower court.
Do you think I should fire her? I have a very limited amount of resources
to see this through.
Thank you for your follow-up.If you no longer feel that you can trust her to assist you, then potentially retaining new counsel would be wise. This is really your own comfort level issue--if you feel she no longer has your best interest at heart, then you may want to find someone else to take over.Good luck.
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