My husband has an ongoing workmans comp case from 9/11. The attys we sre using are on their third appeal it is the eleventh hou rand they are being dismissive and and asked for yet another extention on writing the brief. The court lost the case for eight months and they never checked to see what the problem was until I called the court myself. At that time I was told they would make this case a priority,then they couldnt get the brief done on time. I asked him to read something my niece who graduated Harvard wrote and was told he has been out sickand did not think he would get to it today. What can I do please help
Country relating to Question: United States
State (if USA): New York
You should write a letter to the law firm representing your husband demanding a status update of the case and informing them that you intend to file a claim for legal malpractice if they fail to file the court-required brief in a timely fashion. Send the letter via certified mail.
the problem is it will be done without any effort as they have donr previously, my niece who graduated from Harvard Law read the case. and offered some suggestions when I asked him to read it today I was told he had been out sick and didnt think he could do it today . He told me last week I should call today and the brief would be ready. When I called the office yesterday they told me he was in court not sick Please help
There is no way to compel them to put the necessary effort, that us why you need to send them a letter notifying them that if they fail to put in the effort and the case is denied,then you will sue them for malpractice and that if they fail to comply, you will fire them and seek new counsel.
I understand that but if I threaten them now I dont know if I can get a new atty to file brief on such short notice
Can I legally hire a new atty after 6 years and how do I procure ont that will take the casse what if I fire them and cant get another atty
Relist: Other.Went offline and i need answer asap
The trick here is that you want your current attorney since they are and will be the most knowledgeable in your particular case. That being said, if you do end up firing them, you can ask the court for an extension based on your circumstances that you need to locate a new attorney and have him/her get up to speed on the file.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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