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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86629
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My attorney gave a rediculous reason for removing himself from

Resolved Question:

My attorney gave a rediculous reason for removing himself from my case.
This was a case involving a malpractice suit against my first attorney for
allowing another attorney into my lawsuit against a debtor and he made an arrangement to give the other party 25% of what ever I ended up collecting
for their contribution of 25% of the legal fees. They made one small payment
and he never collected the rest of their share. Now that other party is suing me.

The second attorney I hired, first tried to have the suit thrown out because it
was a real estate transaction and there was no contract. They had no signitures.
The whole thing was very suspicious why my origional attorney would even
allow this other attoreny into my case. Now we are in a battle.

My second attorney told me after almost a year of depositions and conferences
with the judge that my first attorney was being sued and this would all finally
be over. Two weeks later he files a motion to remove himself from my case.

He never filed the third party law suit that he told me he was filing that very
day, just 2 weeks before.

This happened in a town in upstate NY where every attorney knows every other
and only two judges with one judge handling the case.


My question is.. can i subpena my attorney's phone records for the time he was
working on my case and my original attorney's phone records. I want to know
why my attorney did not file that third party suit for mal practice.

Now I am faced with going to trial and representing myself.
I feel the judge was very unfair in allowing my attorney to remove himself
without calling me for a conference.
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am very sorry for your situation.

My question is.. can i subpena my attorney's phone records for the time he was
working on my case and my original attorney's phone records. I want to know
why my attorney did not file that third party suit for mal practice.


A subpoena is used when a non-party has information relevant to the case. According to New York Civil Practice Law & Rules - § 2301 et seq, information genuinely needed by a Plaintiff or Defendant may be requested from a non-party to the case.

So if someone in your situation can prove that the information requested is somehow pertinent to the case overall, then YES.

Once a subpoena is filed, the party that receives it may challenge it. Then, it would be up to the Court to decide if it is challenged whether or not the information is pertinent.

Now, note, that if you decide to file a subpoena, it should be filed against the TELEPHONE COMPANY of the attorneys because the telephone company is the one that holds the record. Of course, this may require an initial subpoena to the attorney to find out which telephone company they are using, ironically.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86629
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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