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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 1529
Experience:  Practicing Attorney with 10 years experience
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I hired a local lawyer to help me in a civil lawsuit filed

Customer Question

I hired a local lawyer to help me in a civil lawsuit filed against a company that I worked for it was a llc and myself . The lawsuit named the company and me individually the plaintiff was a illegal alien and had used a fake social security number to obtain a car from the company I worked for upon finding this out the company had to repo the car the issue is I was a employee and not part of the Llc also the lawyer has done nothing in the case I asked him to file a summary judgement to have me dismissed as a party since I am not a part of the llc the lawyer agreed that He should have done this from the beginning and said He did not think of that!!! He told me to obtain the llc incorporated paperwork and he would file it along with the summary judgment this was over 5 months ago since that time the company I worked for has bankrupted when I called him a couple of days ago to find out the status He acted confused and said He had not filed anything with the court said He did not want to upset the judge because the judge and opposing counsel might be friends and that he had not done proper discovery??? I am at a loss the court date is in 3 weeks and I feel really screwed by this lawyer I have paid him thousands and has threatened to drop my case what should I do??? I do not have a lot of cash and now I am at the deadline to get ready for trial. I am very worried and I have Ms this stress is unwarranted I have sent text messages followed up and I have text message from him saying he was filing and following up from February and to find out he has done nothing what is my next step to protect mysel ??? Any advice would be appreciated
Submitted: 5 months ago.
Category: Legal
Expert:  Asad Rahman replied 5 months ago.
This is a fairly clear case of malpractice and his admission that proper discovery was done further supports this. You can file a legal malpractice claim lawsuit but that can be long and expensive and would not be resolved prior to your current court date. You can file a grievance with the Alabama state bar. They will initiate an investigation that might motivate your current attorney to start doing his job. Another option is to fire him and hire a new attorney. The new attorney can ask for a continuance to allow him to get up to speed. Afterwards you can still pursue the malpractice suit and state grievance committee process.
Customer: replied 5 months ago.
In your opinion if I fire him hire new counsel will it be to late to file a summary judgement and enter evidence that I was not a owner by entering the Llc documents that clearly shows I was in no way part of the llc and if I go to trail and lose because of this lawyers failure to enter evidence of the llc what's my chances of appeal ??? And since the plaintiff purchased the auto from a llc and not Me as a individual how can I be liable ???
Expert:  Asad Rahman replied 5 months ago.
No I do not think it would be too late. He would ask for extra time to get up to speed and then file a motion for summary judgement or motion to dismiss. The plaintiffs attorney simply named you as an extra defendant as a typical plaintiff tactic. They try to name all possible parties and all possible claims to see what sticks.