clients rights with contingency lawyer

texas..does our family have any rights with a contingency lawyer.. this is a medical malpractice suit that has been going on nearly four years..we had trial set for nov. but was bumped because of murder case..set docket control again and semi set trial for march 26..(i checked courthouse)..our attorney claims this was not so..he claims it will be some time this summer..at his discretion..and to please quit calling office...he will let us know when..and that our calling and questioning is abuse he does not have to endure..i have a feeling he was upset because i caught him not making this case priority(thru the court house info)..he asked if i wanted to get another attorney..we can't do this he knows this..i just wonder does a contingency lawyer give less.attention to his client when he feels he cannot win case..this man has never sent us one bit of correspondence ref. this case thus the phone calls from the family.. my mother is 84 years old..and the idea that because he may not win anything he controls when and how this case is to be tried..isn't that abuse..my father died 6 years ago this man took this eagerly on a 40%..now we have to sit and wait until he decides to go to trial..instructed we not call just wait ..and he will decide when to go to trial..do we have any rights at all is this legal malpractice..must a family wait like this..?