How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TexLaw Your Own Question
TexLaw, Attorney
Category: Personal Injury Law
Satisfied Customers: 4430
Experience:  Lead Personal Injury Trial Lawyer
Type Your Personal Injury Law Question Here...
TexLaw is online now
A new question is answered every 9 seconds

My attorney has failed to meet the standard of care on so many

This answer was rated:

My attorney has failed to meet the standard of care on so many levels during pretrial (PI case). D has filed a motion to disqualify out experts ( my attorney failed to produce any and all of my medical records following motion to compel). Can I fire my attorney at the motions hearing and drop the case?
Do you want to drop the case forever, or only until you get a new attorney?

Do you know if the statute of limitations has passed yet?
Customer: replied 4 years ago.
Sol is up- cannot refile. Case was once nonsuited because we did not produce documents 18 months later failed to produce documents. Also tried to get docs from hospital in wrong state for six months. I had no idea we did not produce until motion to compel hearing. Now m to disqualify experts because no med records in. Trial is March 22. I want to drop. No other realistic choice. $100k max recovery in UM coverage. Experts will cost me $10 k if they are allowed in.
Oh my, this sounds like a disaster.

The problem is that if you want to recover from your attorney for malpractice, which it sounds like you definitely have a claim, you need to allow the case to run its course so that you are damaged. That means seeing the case all the way through and losing because of the malpractice, or taking a reduced settlement because of the malpractice.

So, if recovering from your attorney's malpractice insurance is the plan, then it might be too early to withdraw.

Your experts will not be allowed to testify if there are no medical records in evidence, so I would expect that the experts are going to be disqualified. I would also expect that the judge will grant a summary judgment or a directed verdict against you and dismiss the case. This would then trigger your right to a malpractice lawsuit.

However, if you want to simply walk away from the case, you can certainly fire your attorney and then dismiss the case by non-suit.
TexLaw and 4 other Personal Injury Law Specialists are ready to help you