Changing Attorney

[Bigfoot]

North Carolina

In the midst of a civil case that has been postponed too often, I find myself with an attorney who has been paid but no longer has an on office or telephone number that she can be reached by. My concern is that the defendants will win the case based on a technicality. What is the best way to have her turn my records over to a new attorney that will guarantee that she will do so and not keep any materials out?

 

[seniorjudge]

"...What is the best way to have her turn my records over to a new attorney that will guarantee that she will do so and not keep any materials out?...."

Go get your file from her. If you feel she has done something wrong, file a complaint with your state bar.

Write a letter to the court with a copy to the other guy, certified mail, return receipt requested, explaining your problems with your lawyer and asking for more time.

Do NOT discuss the merits of the case in your letter.

By the way, the law is nothing but technicalities, so everyone wins or loses on a technicality.

 

[Bigfoot]

Thanks seniorjudge. Spent the last 24 hours trying to reach her and she is obviously ignoring me. Can't comfortably secure another attorney without my file. Checked with state bar and got her last address, but not sure if she'll ignore a certified letter if she sees it is from me. Will see if the state bar's process for filing a grievance takes longer than having her served by a sheriff in the county she has moved to.

As you indicated, I'll request a delay. Is there any help I can get from the Superior Court where the current case is filed, other than asking them for a delay? I know she's supposed to be working with a case in federal court, but don't have info about it.

 

[seniorjudge]

"...Is there any help I can get from the Superior Court where the current case is filed, other than asking them for a delay?..."

No. Judges and clerks do not give legal advice. (At least, they are not supposed to!)

 

[Bigfoot]

Thanks again. Suddenly after contacting the State Bar my attorney called. She has agreed, albeit reluctantly, to meet me on Wed to give me my complete file.

 

[seniorjudge]

Big guns get big responses.