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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92587
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hey Paul -Weve spoken before about condo association issues.

Customer Question

Hey Paul -We've spoken before about condo association issues. I've made many references about my legal counsel .. with 5 days left to issue a response to the condos complaint. My question revolves around what I do to protect myself with 5 days left ...Filing formal complaint with DC bar allows an out, I don't have the time or energy to start this over... My lawyer for 6 months has told me 7 different times the complaint would be filed, it hasn't been, I've had additional actions taken against me
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your new question.

Your complaining to the DC bar would not get the complaint filed, it would force your attorney to withdraw from representing you. I would suggest that you might want to get a new attorney involved immediately to file your complaint or you call the attorney and tell him you have 5 days left to answer and he is not responding and to fail to respond would be malpractice. Personally, if you do not trust him any longer, then you should change attorneys immediately and have one file your answer and counterclaim against the association.

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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92587
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I'd love to change lawyers ... I have a good friend who's a forensic accountant that did all of the financial work, he brought myself and this attorney together, who agreed to bring a complaint based on the work my friend did on the financial side, and condo reg, fdcpa side ... The attorney for over 9 months told me not to ask for a resale package, not to communicate with the condo association or property manager etc etc ,, Just last week he pushed a damage/insurance claim to the property manager that he didn't want me to send.


 


On Friday once again, I asked what the hell was going on after taking almost 8 days to get a hold of him .. just to talk on the phone.. he assured me I had nothing to worry about .. but his actions say otherwise.


 


He took this on contingency due to the relationship he had with my friend, so to change lawyers at the last minute is cost prohibitive, and losing one's attorney days before the response, makes my credibility suffer because when he's no longer involved , his decisions and actions can't provide reasoning for anything .. I feel like I'm stuck with the guy.... it just seems I need to lose the first case before he can be held responsible. I'd dump the guy in two secs if I thought I had a better last minute solution .. He works for a very top notch international firm .. Am I correct in stating I'm stuck at this point unless I can afford and find another lawyer in 5 days to take the case ..

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am afraid that he represents you. If you have given him the complaint to respond to and he fails to do so in time, then this is malpractice and all you could do at that point is just sit back and see what he does and if he fails to perform or causes you damage then you sue him for malpractice.

It seems like you are in a position right now that all you can do is wait to see and keep reminding him in writing of his deadlines to file as that will be grounds for your malpractice case against him.
Customer: replied 1 year ago.

Thanks ... I mean via email 6 different times he tells me the complaint will be issued to meet this action by the condo association, whether it was having the lien filed, or me listing my home for sale, he had two months to beat them by taking the upper hand and filing the complaint against them, instead it's a counter...


 


I may be off track but he's been trying to distance himself from written communication in regard to his actions .. he doesn't even open emails, and the questions he asks make it evident he's done little .. but I guess I have to wait and have a default judgement issued against me to have a case against him .. sounds crazy but it seems that way ... I almost think he's been hoping I file a complaint ... So I will fedex him or courier deliver to him a list of assumptions I find are reasonable based on his past assertions .. I'm assuming that would force his hand to claim something different, etc .... Do lawyers basically get away with murder.. it seems they have the system under control for themselves ... I mean the guys lied to me 7 times about the complaint being done .. who would do that, and why .... that's my biggest concern it doesn't make any sense ... don't write it in email or leave a phone message .. do it some other way I can't prove it. In a letter to him what should I emphasize, I don't have the ability to self edit thus all my communications are long, what key things do I need to have in such a letter.

Expert:  Law Educator, Esq. replied 1 year ago.
It seems like what you are describing is malpractice and he is trying to avoid having evidence of malpractice y you giving him notice. I would deliver the information to him somehow in writing, such as you said FedEx or some other delivery service.

In the letter you need to emphasize the deadlines and the promises he made to represent you properly as well as all of the losses you will suffer if he fails to properly represent you as he promised (which you will be passing onto him when you sue him for malpractice).

Focus on the due date of the answer and counterclaim and his lack of communication with you regarding this matter.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92587
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 10 other Legal Specialists are ready to help you

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Law Educator, Esq.
Law Educator, Esq.
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JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law