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Legal decisions are normally up to the attorney but you could argue that legal malpractice was committed here if an attorney in a similar field would have done things differently regarding the continuance. There is a basic standard of practice that needs to be followed and if it was not followed by the attorney then he has committed legal malpractice and you could report it to the state bar association as well as file a cause of action in court against the attorney. I would think it would be extremely unlikely that this would be successful.
As for the non returning of the phone calls, the same standard in the last paragraph would also apply. Attorneys get busy and not returning phone calls is common. It would have to be very excessive to be able to report to the bar association and file a legal malpractice claim. Your best bet would be to fire your attorney and replace with another but this might cost even more money. You could request the current attorney to return funds as you were not satisfied with his service. You could report him to the bar if he does not and you believe you received subpar services. This will be difficult to come out on the positive end and get immediate help which is what you want in this situation and your best bet for this is for the current attorney to continue with the case but he will have to respond to your inquiries. Again this is simply a hard situation.
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