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Daniel Solutions
Daniel Solutions, Lawyer (JD)
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Experience:  Practing General Attorney,
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8 years ago i was sued and have had a lawyer who was working

Customer Question

8 years ago i was sued and have had a lawyer who was working on this for me. I found out after 2 months of him not returning my phone calls that he has filed a motion for dismissal for both the original suit as well as the my countersuit. The people who sued me offered a settlement agreement that said they would pay my cost of suit if i would just agree to walk away. I refused to sign that settlement agreement. I found out a couple of weeks ago that my attorney filed a motion for dismissal, is there anything i can do to get the court to throw out this motion since i am prepaired to take this to trial? this case is in the 271st district court in texas.
Submitted: 5 years ago.
Category: Legal
Expert:  Daniel Solutions replied 5 years ago.
Unfortunately you can not force your attorney to stay on case. The judge has the ultimate decision power but such requests are usually granted unless the attorney request being released immediately prior to a date set certain for trial.
Customer: replied 5 years ago.
My goal is not to force my attorney to stay on a case. the two things i need to complish right now is withdrawing the motion to dismiss which should have never been filed. Secondly i need to ask for a continuence while i am seeking new representation. I am unsure if either can be done since he is still my attorney of record with the court. He has not filed a motion to remove himself as council, he is just avioding any contact with me in hopes that the motion to dismiss gets signed and he doesn;t have to deal with this anymore. Very unprofessional conduct on his part, i am also in the process of filing a greivence with the texas bar association. Any insight you can offer as to how to make these two things happen would be greatly appreciated.

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