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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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My lawyer had me believe he was working on my case years and

Customer Question

My lawyer had me believe he was working on my case for three years and that it was just taking time. I finally found out he did nothing. Can I sue him
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

What kind of case is it? Did you retain the lawyer? If so, did you sign a retainer agreement?

Don't use any details that can identify you or the lawyer, please.

Customer: replied 1 year ago.
It was a civil case against a driver who killed my son. I believe I signed something at the beginning with the first lawyer. I retained a new lawyer and we finally found out that my original lawyer failed to file the proper documents and the case was dropped. He lied to me and my family for years saying that the case is ongoing. It took six months to get my files sent from his office to my new lawyer. The documents say he was going for 1 million dollars for damages. We did get the case against the guy who killed my son reinstated, but to only settle on a small fraction of the intended damages. I am suing the lawyer for lying, personal damages etc. and delaying the case, however, they seem to take it so lightly and simply want to settle it for very little (10k). I wonder if there could be another opinion on this as our city is small. It feels like justice has not been taken so far. I had also filed a complaint to the Law Society about the first lawyer.
Expert:  Ulysses101 replied 1 year ago.

Good question, but one that I don't think I can answer well for you. I'm going to opt out as your expert, and I'm sure that another will pick it up. Please be patient.

Customer: replied 1 year ago.
Ok thank you
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Can you explain why the damages ended up being significantly less and why the first lawyer caused this to be the case?

Customer: replied 1 year ago.
The first lawyer included damages to be paid to many family members including my sisters, parents, nephew who witnessed my son being hit and killed. The new lawyer said that isn't the amount for auto death in Ontario. That 50000 is the most. And that if we tried for more and went to trial, I could end up paying(###) ###-####for court costs or more and be in debt for the rest of my life. I couldn't risk it based on that advice. The current lawyer said we likely wouldn't get more than 50k. I ended up with 39000, but gave some to my parents and daughter, as we were all expecting some kind of settlement.
Expert:  Debra replied 1 year ago.

But how is this lower amount the fault of the first lawyer? I am trying to figure out how to assess damages.

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