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Lawyer bailed out

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jessiejess

Junior Member
What is the name of your state (only U.S. law)? Texas
I have two matters. I hired a lawyer to represent me in September 2009. This lawyer quoted a flat fee which I paid. In December 2009, he said he had settled our first case (contractor trying to cloud our lien even though they signed a waiver of lien stating they had been paid) and the second was being taken care of (collector trying to collect debt belonging to my husband's ex-wife). In about January 2010, he became very hard to reach. He didn't answer texts or emails, didn't return calls, and when he did, they were very brief saying he'd call me later. The calls never came. Then, in March he told me he and his wife had been ill but he would call me soon. No calls came. I texted and emailed him again asking for a status and if I needed a new lawyer and he said no, he'd call me the next day. No call, no answer. In the meantime, we got a letter saying we had a default judgement on us (over our second matter). My lawyer assured me (via text b/c I couldn't get him on the phone) he had filed an answer but apparently it "fell through the cracks". He said he was going to file a motion to overturn the judgment and reset the court date since he had the time stamped answer (btw-we were never notified of a court date to begin with or we would have been there). We then received a request for discovery. I sent it to my lawyer who said "it's being taken care of" and "nothing to worry about" - of course, via text again. I've never heard anything since. Regarding our first matter that was "settled", I started getting calls from a collection lawyer saying they were ready to file a lien on my house and foreclose. I told him I had a lawyer who said the case was being settled. They said they had never heard of a lawyer for me nor had they agreed or discussed settling anything. I asked him to call my lawyer. He tried calling for about two months until things escalated into him threatening to start foreclosure proceedings immediately. In the meantime, I am sending my lawyer texts, emails, and calling him. Texts aren't answered, emails aren't responded to, and voicemail is full. It's also not his greeting anymore. After several weeks he texts saying he is sick and sends a picture of him in the hospital. He said he's contracted with another attorney who will call me in a week (this was on April 9). He again assures me the case is settling. No calls returned, no texts received by me or the opposing counsel until my husband started calling my lawyer like a stalker. FInally, he responded via email saying he'd give us the name of the new lawyer shortly because he was too ill to handle the case. He also said his phone number was changed weeks ago which is why opposing counsel was getting no replies and my texts weren't being answered. A week passed and the collection lawyer again made more threats. Finally, Monday my lawyer sent us a name and said this new lawyer had agreed to take the case "free of charge". I spoke with this new lawyer yesterday who has no idea what's going on, what's been done, and has absolutely not agreed to take the case for sure, nor has he agreed to take it for free. SO, I've had to get a new lawyer on my own who will, of course, require payment. I have no idea what's been done, if anything, on either of my cases. We now have a default judgement against us and a contractor threatening a lien immediately. I want my money back and my file. I sent my dead beat lawyer a termination letter today requesting both. Is what he has done legal mal-practice? If so, what can I do about it? Who can I report him to? I want him held responsible for his lack of action and the consequences we now have to face for his negligence.
 


jessiejess

Junior Member
I have a lawyer who is going to handle the two matters. After that, we'll proceed with this. But in the meantime, with what legal entity do I file a grievance?
 

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