What is holding that up is that I am currently involved in the middle of a lawsuit in TX and I am in PA. He is on contingency so I have not paid him anything except to pay for court costs. There is no way to go pro se and I can not afford to hire another attorney. It is an appeal trial he is supposed to be working on and it is scheduled for 5/17 and I have no information from the other side. It is an appeals hearing and he handled the initial one. I have no discovery information from the first case since he missed the deadline there as well. I feel that his neglect of certain aspects of the case ie. not getting discovery from the other side from previous trial, not giving me my case file after multiple requests, missing deadlines etc. has put me in a real comprimising situation. Due to his neglect, can he be liable if I lose the case due to his malpractice?
If it does progress to an ethics claim and malpractice suit, will the fact that he was working on contingency and hasn't been paid yet effect the malpractice claim?
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