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Does this delay causing a problem of malpractice of my attorney? My case was filed in September last year. My attorney has been slow in every step when the case turned to his move. I have communicated to him a couple of time about my concern of his slowness. The example below shows how did he dragged the case. On May 13, the first hearing was conducted. By the way, from September 13 of last year to May 13 of this year, it took eight months to reach the step of warning order attorney. I agree the defendant used the procedure to delay the case. But my attorney has been dragging when he supposed to handle the case at his turn. In the first hearing, the judge asked the plaintiff to do two tings. 1) collect eveidence (show evidence). 2) mediation. It is almost two months since that hearing. I have figured out all the detail of where and whom to contact to get evidence. The only thing I asked my attorney to do is to get subponea or court order in order to get DEA and Medicaid report because of HIPPA regulation. My attorney also suppose to contact the defendant's attonrey to communicate and arrange mediation or communicate to court about the mediation. I have given my attorney my bottomline of settlement and asked him to communicate. But none of the two things happends as of today. I have been keep asking him to give me update of the status about he has done. Mostly he said he is busy with other cases. Everytime I asked him when I can call him to discuss. He typically told me after 2:00pm in the afternoon. When I called him, he never answer the phone. I then followed up with email telling him I called at the time he suggested and left voice. I then asked him again when to call him again. He then give another time. When I called again, the same thing happened. I am pretty by the 1st anniversary of the case filing, even the evidence permission cannot obtained from the court. I wanted several times to terminate the him. In summary, he never treat my case attentively. If I do not asked him, I am sure noting will happend since May 13. I understand it takes time to collect evidence. But I feel he is not acting a way professionally. I wonder whether this is a malpractice or not. What should I do?
Thanks for the answer. I totally agree with your analysis. Regarding what need to prove in KY, I put my comment below. Besides, collecting evidence, I think mediation does not have a ground if the plaintiff and defendant has no common ground in terms of settlement. Now the defendant is not responding on settlement. I think my attorney need to sort this out agressively instead of finding a mediator(s) without any understaning of the bottomline of both parties. Or he needs to convince the judge to abandon the mediation request. that an attorney-client relationship existed, -- We do not have a contract between attorney and client. But the actual email and work he did can prove the existance of such relatonship.
that the attorney deviated from the applicable standard of care (what a reasonable and competent attorney would do under the same circumstances), -- This is a tricky part. But I have all the record timeline of the services (sheriff, special bailiffs, and warning order attorney). For all of these services, I believe this is a process (assuming if he acted timely) of at most 5 months. But it actually took 7 months because of not acting timely on his part, is it a ground? I see this kind of pattern. The same pattern after May 13, the first hearing. Now, it is almost two months, he didn't get a subpoena. He told me the judge can sign electronically to get this in one day.
andthat such deviation caused you financial harm.-- The witnesses are harder to find as time goes by. I am paying billing on the business in lawsuit. The biggest risk is the defendant transfer his asset away so that no meanful collection. The proof may only be show after I receive the judgement.
To follow up on the previous question
I heard if there is no attorney-client contract, the default (i.e. his charge of hourly rate) applies to his fee. Let's say, I wait for another two months and he sitll does nothing, can I consider him abandon the case and sue him for mal-practice if the delay causes collection issue? Without attorney-client agreement, is he still bounded by common sense rule? If he has heavy work load, why my case is not on his agenda even if the case is at time sensitive stage?
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