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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45704
Experience:  Attorney with 29 years of experience.
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My sister is being sued, hired a lawyer. He took her money,

Customer Question

My sister is being sued, hired a lawyer. He took her money, it's been a year now, called two days before they were to go to court to say he quit. Now we are finding out that the does this often. She doesn't have any more money to hire another lawyer. What legal right does she have against him, if any.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. She should first send him a letter, sent by independent courier or certified mail, detailing the history and demanding that within a short specified period of time: i)that he file whatever is necessary with the court to get set a new hearing date due to his withdrawal as counsel; ii) that he facilitate the transfer her file to another attorney of her choosing; iii) that he return all or a portion of her money already paid for failing to perform his duties as promised and expected. She should let him know that if he fails to do any of the foregoing within the period specified that she will have no choice but to file a formal complaint with the state bar association and file a legal malpractice claim against him for both the fees already paid plus any damages incurred due to his malpractice.



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Customer: replied 1 year ago.


She has to be in court on Thursday. If she sends him a certified letter, he wouldn't get it until after her court date. Wouldn't that put her in jeopardy with the courts. If she can't afford another lawyer, would the judge appoint her a public defender.

Expert:  Richard replied 1 year ago.
Thanks so much for following up. Given the time frame, the certified letter would likely not be timely. That's why I suggested the alternative of sending it by courier. If a lawyer cannot be found by the date, she should attend the hearing and explain the situation to the judge. It can be difficult to get a public defender appointed if this is a civil case; if criminal, yes, a public defender can be appointed. Otherwise, I would suggest she go to the nearest law school. Most of them have legal clinics that are run by law students and supervised by law professors that will take cases such as hers on a pro-bono basis to help the students, who are idealistic, energetic, and very bright, get experience while under the watchful tutelage of their law professors.
Richard, Attorney
Category: Legal
Satisfied Customers: 45704
Experience: Attorney with 29 years of experience.
Richard and 13 other Legal Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Expert:  Richard replied 1 year ago.
I also want to thank you for the generous bonus! I appreciate your kindness!
Customer: replied 1 year ago.


Thank you so much for your help.


I'm going to see what law schools New York has and try to see if she can get help thru them.


I will most certainly keep you in mind if I need help again.


Again, thank you so much.


Melissa

Expert:  Richard replied 1 year ago.
You're very welcome...it's been my pleasure! And, your sister is a lucky girl to have you as her sister!! :)

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