Fees on contingency basis?

[Jeremy00019]

What is the name of your state? Oklahoma

First off, thanks in advance for any help. I will keep it short but can provide all the details if needed or wanted.

In June of 2004 I acquired a lawyer for a police misconduct and excessive force case. I felt I had enough circumstantial evidence to prove it though the cops had lied on my report and the attorney felt so too and we both entered into a contingency contract for the case.

A long while went by and I didnt hear from him so I would call from time to time and get the run around. He said he liked to wait to file so that he could reach a settlement. I wasnt in too much of a hurry since my medical bills were put on hold by the hospital pending the case.

I received a certified letter in the mail about two months ago requesting a retainer and filing fees so that he could proceed and had another contract for me to sign in the packet. I didnt't sign it and tried to call him but can never get an answer od return call. I am worried that my statute of limitations is run up or closing fast and this guy will not get my case filed before the deadline.

What should I do? Can I take legal action against him if the case is never filed? I have around 5k in actual damages and was assumning I would get punitive damages too for the lying and cover up in the police report that we both thought could be easily proven. Can this attorney be held responsible if I miss the deadline? What kind of attorney will file suit against another attorney on contingency basis? (I do not have the funds or would have already done so) I am disgusted at his misconduct and malpractice.

Thanks so much.

[stephenk]

"I am disgusted at his misconduct and malpractice."

What misconduct and malpractice acts has he done? you haven't posted any.

[Jeremy00019]

Why even reply if you cannot answer any of my questions?
Would it not be considered malpractice if the statute of limitations passes and he doesn't even file suit? He will not return any phone calls and is insisting I pay him money up front now even though I have a contingency based contract.

[stephenk]

If the statute of limitations has expired and no suit has been filed, then yes you can make a claim against him for malpractice. But to claim he has already committed malpractice is quite a stretch.

A contingency fee agreement does not mean costs are always fronted by the attorney. You are always responsible for costs.

Is the attorney asking for money for the filing fee for the suit and the cost of service on the defendant?