Thanks for all the responses
So basically this is not malpractice but ethical issue
I have a valid signed contract, paid all the money (flat fee) and then he backed out, and that too at a crucial time. That caused me to run around and spend a lot of time and expenses finding someone else.
I have not got any money back from the first guy and I had to pay my new attorney
So that's an ethics issue...does that come under disciplinary issues with the bar?
Basically I have 2 questions:
1. How can I get my money back?
2. Can I file substitution and I can still pursue the first attorney to get my money back? I think I should be able to do so.
A lot of what you can do (if anything) depends on the contract you had with the first attorney. A personal review of the contract, and a review of all facts, would be necessary to provide good answers to your questions.
Your flat fee agreement should have spelled out exactly what services the attorney was offering in exchange for the fee. Mark Maroon points out some of the differences you can find in flat fee contracts. If the attorney fulfilled his part of the agreement, you may not be entitled to any money back.
You mentioned in an earlier thread that your agreement did not include filing fees, expert fees or the trial. Often flat-fee agreements will outline what sorts of costs (if any) can be added to the flat rate. Generally, flat fee agreements are offered for legal matters that are considered routine (like the drafting of a will), with a relatively clear beginning and end.
If your attorney realized that you require legal services exceeding those provided under the flat fee, or if continuing with your case would place an unfair financial burden on the attorney, or for many other reasons, the attorney can withdraw from the case (if the court permits the withdrawal), and there is often nothing you can do about it.
Attorney malpractice is not common and I don't see anything that indicates that your first attorney has done anything illegal, unethical or improper. Most attorneys value their professional licenses and their reputations too much to put them at risk.
That said, facts matter. Ohiogal mentioned potential ethical violations, and malpractice (while unlikely) cannot be ruled out entirely. Because we can only base our advice on what is communicated in a few forum posts, and this is rarely enough to allow for definitive answers to questions posed, having a personal review by an attorney in your area is the best way to determine if you can recover any of the money you paid to your first attorney.
Good luck.
