Attorney not licensed to practice law in Tx

[bstarr55]

I live in Tx, and was injured in an auto collision caused by another driver. The statute of limitations for filing a lawsuit of this nature in Texas is two years. My accident occured in July, 2008. I hired an attorney, and recently discovered he is not licensed to practice law in the state of Texas. I have less than three months to file my claim for the back and neck injuries I received in the accident, which resulted in my having two spinal fusion surgeries (cervical and lumbar). I cannot perform the duties my trade (wall covering installer) required before my accident.
Since my attorney isn't licensed to practice law in Texas, he doesn't have malpractice insurance. Plus,he wants a percentage of any money recovered in my lawsuit! Is he legally entitled for payment in order for him to release the case so I can seek another attorney? He is my attorney of record, according to my insurance company as well as the insurance company of the driver responsible for the accident. What type of action can I take? Wouldn't this be considered a case of fraud because the lawyer used deception in order for me to sign a contract with him? Can I sue the the lawyer personally, or have him prosecuted for his actions?(Fraud) I really need help with this; Any advice that can help me resolve this matter would be greatly appreciated.What is the name of your state (only U.S. law)?

 

[FlyingRon]

Do you have an existing contract with him?
How is he going to plead this case if he is not accepted to the bar.
What kind of idiot lawyer doesn't know what courts he is accepted (acceptable) to?

I'd get another lawyer working immediately, time is of the essence. Tell the new lawyer about the dunderhead old lawyer. Tell the old lawyer NOW that he is no longer representing you.

 

[cyjeff]

And tell the old lawyer that if he is going to sue you, it will be in Texas.

That should nip that idea in the bud.

 

[latigo]

Strangely you haven’t mentioned referring the matter to the state bar association for disciplinary action. You should do so immediately.

Secondly, if you have been dealing with an imposter then he is not your “attorney of record” in any sense of the term.

Moreover, and it seems rather obvious doesn’t it, that there has never been an attorney/client relationship established. So how could he claim the benefits of something that has never existed? The answer is he cannot.

Lastly, you talk about suing the person. But what would be you suing for? Since the tort claim is still alive you haven’t suffered any compensatory damages.

Get on the phone Monday morning and call the Texas Bar. If this person is not licensed, they will take it from there.

State Bar of Texas
1414 Colorado St.
Austin, TX 78701
(800)204-2222
(512)427-1463

Then engage a licensed Texas trial lawyer.