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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91096
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hi Paul,I have spoken with you several times before about

Resolved Question:

Hi Paul, I have spoken with you several times before about problems with my attorney and his malpractice and also appeal bond issues for Texas JP court. An update, for the last three weeks my attorney still has not sent me my case file or done anything else on my case. I want to terminate him, but I need my case file and also he has agreed to pay for $600 in sanctions that were levied against us from the previous court. I pretty much caught him flat out lying about filing the appeal for for the sanctions so I think he believes that this absolves him of lying since technically I don't have any financial loss and he really didn't agree to a settlement fer me, he did for himself.


 


I spoke with the Texas Bar assistance line and they advised me to actually have him withdraw so I could explain what happened to the judge. He has been saying he was going to withdraw for weeks now but as usual has procrastinated in sending the withdrawal letter because he knows that i want a trial. He tells me to seek new counsel yet still not sending the case file to show them or the new agreement absolving me of liability for the sanctions.


 


I offered to settle with the other side but now they want 6k instead of 4k since they say they have done more work on the appeal case. Tomorrow they are going to file to increase the bond amount to the $8,000 and I know I will lose in jp court and have to file the inability to pay and fight it pro se in county court. The problem is I still do not have my case file or the letter. I want to fire him immediately but also want to make sure he is liable for the sanctions and I have my case file so I can see whats going on. Now i have this immediate deadline of the appeal bond hearing. He said that he would "represent" me if i could not found counsel before then but, I trust this guy absolutely zero.


 


If I fire him immediately, what is the process procedure wise with the court, and how can I make sure he is liable for the sanctions and getting  my case file back to get this thing taken care of as quick as possible?

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question and your update.

If he has not turned over your file, you now need to follow through on your threat to file your complaint to the state bar. If he is not responsive and gave you lip service about paying the sanction, it is time for you to get your complaint made so the bar can work to assist you in getting you your files that you need.



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Customer: replied 1 year ago.

and do you know what the process is to notify opposing counse as well as to notify the court properly?

also once I terminate my attorney, can I immediately serve discovery and request for admissions to the other side?

Expert:  Law Educator, Esq. replied 1 year ago.
You would notify the court by a motion to dismiss counsel and you would send a copy of the motion to dismiss counsel when you file.

Once you submit your motion to dismiss your counsel, you can send the other party your request for production for the information you are seeking.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91096
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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