Lawyer lost all of my files?

[Hyun]

What is the name of your state? Chicago, IL

A few days ago, we received a motion for default judgment on a lawsuit that was first filed against us filed 5 years ago. During the 5 years, we thought our attorney had taken care of the lawsuit as he said, but obviously not. Now he says he lost our file. What little evidence we had to defend ourselves was in that file and nowhere else. We should've made copies...we know this now.

In either case, he then had us file an appearance the day before the court date saying that this would buy us time and keep us from having to show up in court the day after. We did as he instructed and a few days thereafter received another notice saying that there was an order of default judgment stamped and dated with the initial court date.

The attorney denies any fault during any of this. Now he suggests that we somehow re-open the case and try to negotiate with the plaintiff while he charges us more $$$ of course. Am I wrong in thinking that he is being very unfair to us? If so, what steps can I take at this point? Has he broken any rules that he shouldn't have?

Thank you for any and all input you can offer!

[You Are Guilty]

Sure sounds like it.

Here are the IL ethical rules: http://www.state.il.us/court/SupremeCourt/Rules/Art_VIII/

Complaints are made here: http://www.iardc.org/htr_filingarequest.html

Speak with the folks at ARDC. If they bring charges, and assuming your version of events is entirely accurate, you may have a viable legal malpractice case. In the meantime, you may also be eligible for Client Protection Funds (depending on why your lawyer screwed up). Additional details are here: http://www.iardc.org/clientprotection.html

Good luck.

[Hyun]

Thank you very much for the much needed information. Although I don't know what solid proof I can provide ARDC regarding the attorney's faults, I will begin here. Thank you again.