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Lady Themis
Lady Themis, Internet Researcher
Category: General
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What is the responsibility of this attorney What is my recourse

Resolved Question:

What is the responsibility of this attorney? What is my recourse? I hired this attorney to file a suit (About $4,000 +) in Small Claims Ct. He filed the Mechanics Lien (I am a kitchen cabinet dealer and installer). He an I both agreed it was a clear and simple "Breach of Contract". Months went by - About every week, or two, I called and he said he was working on the Complaint. As we approached the end of the "Year" limitation, I called and the attorney did not return my calls, either through voice mail, or his secretary. However I did get him once and he said he had drafted the Complaint and it would be typed soon by his Secretary. I never received a copy to sign, or proof of submittal. I had trusted him to do the professional thing. I discovered recently that the one year had passed. I have sent him a couple of Certified Letters with no response, except the Return Receipt. Please advise.
Gary Price
Submitted: 7 years ago.
Category: General
Expert:  Lady Themis replied 7 years ago.

Thank you for your question.

 

If the attorney has allowed the statute of limitations to pass, he is guilty of malpractice, and you can sue for your damages (essentially the amount of money you would have recovered from the defendant if the suit had been properly filed). You can also report the attorney to the state grievance panel, who may penalize the attorney.

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