Attorney drops case

[Peggy]

What is the name of your state?What is the name of your state? Oklahoma
My attorney call this morning and told me he is dropping the case against a nursing home after three years. The only reason I can think of that he would do that is. I have been asking questions about the case, back in October he told me he had filed for a court date I checked and he has not filed anything. In three years he has not taken any depositions or talk to any of the workers at the nursing home. He has not sent me any papers on fillings other than when he filed the case. How can I get another attorney to take this case? My mother died of neglect and its all in the file.
Thank you, Peggy

[stephenk]

call your local bar association and ask for an attorney referral. if the local bar doesn't offer a referral service contact your state bar regarding their referral service.

[Peggy]

Thank you for the reply.

[RedemptionMan]

you will find some attorney somewhere willing to take the case,,,, good luck...

[Peggy]

I hope you are right, the case is in Oklahoma and I live in California. I have written the judge a letter and ask for time to find another attorney.
Question
Why would an attorney take a case hang on to it for three years, not do any work on the case than drop it without trying to settle it ? This attorney has a good reputation and experences. All the proof is in the records. The heath department did an investigation which showed mom fell several times a day, had broken bones, they didn't call a doctor for 22 hours. They did not contact any family member.The nurses aids were not trained. They didn't give her the medication the doctor ordered. She had pneumonia, malnutrition,dehydration. She died eight days after being taken to the hospital.

[RedemptionMan]

Originally Posted by Peggy

I hope you are right, the case is in Oklahoma and I live in California. I have written the judge a letter and ask for time to find another attorney.
Question
Why would an attorney take a case hang on to it for three years, not do any work on the case than drop it without trying to settle it ? This attorney has a good reputation and experences. All the proof is in the records. The heath department did an investigation which showed mom fell several times a day, had broken bones, they didn't call a doctor for 22 hours. They did not contact any family member.The nurses aids were not trained. They didn't give her the medication the doctor ordered. She had pneumonia, malnutrition,dehydration. She died eight days after being taken to the hospital.

No one can answer that but him.. maybe he did not have time to spend in it. Maybe he felt like he could not win it. Who Knows? How come you did not realize that he was not working on it sooner. I mean you can check to see what motions get filed and how things are progessing.....

[Peggy]

One word "stupid"

The case was put on hold because the insurance company filed bankrupcy that did not have any effect on our case as we filed on the owners but the courts put everything on hold.

The defense attorney resigned from the case.

Our attorney went in with another law firm.

Our attorney took a four months leave of absents. Attorney in his firm took the case and needed time to go over the records.

Our attorney came back.

My sister or I spoke to him once a month and was told they were talking settlement so no need to file. Than I was told he had filed for a court date, I ask for a copy of that filling when I didn't get it I checked the courts it had not been filled so I called him back with questions. He told me he would call on thursday and give me an up-date. He called friday and said he was dropping the case.

If nothing else this has been a great education on nursing homes and attorneys.

[RedemptionMan]

Yeah it sounds like he had to make a decision on the case. Sometimes if an attorney can not get a settlement on the front end and feels like there is a possiblity of lossing in front of a jury, then they will do that. When given the choice of no settlement or court. He choose the no settlement.

Try and find an attorney with some backbone next time. They are rare but out there. Good Luck.....

[Peggy]

Got letter today not only did my attorney quit he send letter to court to drop my case. How can he drop my case with out my permission? He said he was quiting not dropping my case. Why would he drop a winning case? Need advice fast. To late to do anything today, should I call judge on the case ?

[weenor]

Originally Posted by Peggy

Got letter today not only did my attorney quit he send letter to court to drop my case. How can he drop my case with out my permission? He said he was quiting not dropping my case. Why would he drop a winning case? Need advice fast. To late to do anything today, should I call judge on the case ?

Yes- call the circuit clerk immediately and find out exactly what has been filed. From what you state here the attorney has filed a motion to withdraw and a motion to dismiss. If that is the case then you will have to call the judge's office and tell them you had no intention on dismissing the case. Anyway this stuff is not done by letter so find out what's been filed.

[Peggy]

Thank you, I called the court clerk, she was very helpful. My new atttorney is on the case. Thank you all very much I appreciate your help.