No Joy

[seasonedschleb]

What is the name of your state (only U.S. law)? Florida

As a member of a small Home Owner's Association, I need to learn what our options are in getting our Attorney to move on a complaint we filed five years ago. The issues are illegal pass-on's, over-charges for maintaining a private waste treatment plant, et al. Each time we contact him regarding movement on getting the case to court, well, any answer will suffice. I've heard them all. The guy has twenty-one thousand dollars of our money, and seemingly no responsibility in obtaining a court date. Any help here? Thanks in advance.What is the name of your state (only U.S. law)?

[justalayman]

well, depending on what he has done, he may have screwed your chances to actually fight your claim as the defending party may have a right to dismiss due to lack of your assertion of your claim and the statutes of limitations. I cannot know if applicable or not but something you really need to look at.


as to forcing the lawyer to act;

whomever has the legal authority to represent the group needs to demand the attorney give an accounting of actions taken and accounting of the money.

If the actions and accountings are not satisfactory, the group should either discuss a reasonable course of action and timeline for such actions with the attorney or fire the guy and retain another attorney to represent you as well as reviewing the situation with the first attorney and possible misdeeds.

[seasonedschleb]

Thanks for the reply, Justa. I agree. Let something lay around long enough, and it becomes a non-entity.

I was hoping someone would suggest contacting the State Bar. My gut sez they'll help lacadasical legal eagles get off their duffs and do what they contracted to do. I don't know. I just hate to back away from this deal with the amount of money invested. Again, thanks for the reply.

[justalayman]

you could contact the bar, if you believe there is some improper action. Without you'all getting a some firm answers, it's hard to know if he has or has not.

The problem with contacting the bar is if you want him to continue with the case; I would expect him to withdraw from the case if you report him which puts you in a position of dealing with a possibly hostile attorney that has all of your info and such to date.