I have a Civil case going on right now in NJ. I am the plaintiff in the case. The case first started 4/08.
Now in the 3 years, my attorney has racked up a sizable bill. He has never asked for payment, but is starting to now.
Here is my dilemma....
My case is me against a township organization for defamation of character, violation of constitutional rights, wrongful termination and violation of due process rights.
Now I have some witnesses that I have had from the beginning, but the witnesses refuse to say what they know unless in the presence of an attorney. I told my attorney this and he never met with them. I was not deposed until July 21, 2010. The main defendant was not deposed until March 31, 2011 and it was done with a rush because the defendants attorney was filing a motion for summary judgement.
Still to this day....my attorney has not questioned my witnesses at all and because of that when we went to court this past Friday for the motion on summary judgement the judge dismissed the defamation count because my attorney did not have any proof or statements from witnesses stating the defendant made the defamatory remarks. His answer to the judge was that they are going to testify in court.
My attorney also sent the defendant admissions that were due in the beginning of August. At my deposition the defendants attorney asked for an extension and we agreed to give until September 3rd. We never received the admissions. But my attorney says he called the defendants in Sept., Oct., Nov. & Dec. when he finally told the defendants that he was filing a motion for summary judgement because the admissions are deemed admitted if not responded within the time frame. The defendant then email the admissions over.
Now we have another court date set in a couple weeks for an Evidenciary Hearing because the defendants state they sent numerous letters asking for extensions for the admissions, but my attorney never received them.
There is so much to this story....and my attorney made a run for Governor, so I personally feel that my case has not been handled correctly or timely. When I question my attorney he says he was trying not to do too much at first as to not run up my bill because he was hoping it would settle. Well seriously?? If he would have gotten statements from witnesses earlier and did all this stuff first, then am I wrong, but they probably would have settled......And not to mention, how many times I would go months without hearing from him at all.
I'm wondering if I can fire my attorney without having to pay him for the work he has done and hire a new one. I know it's probably a long shot, but this is ridiculous!!
Now in the 3 years, my attorney has racked up a sizable bill. He has never asked for payment, but is starting to now.
Here is my dilemma....
My case is me against a township organization for defamation of character, violation of constitutional rights, wrongful termination and violation of due process rights.
Now I have some witnesses that I have had from the beginning, but the witnesses refuse to say what they know unless in the presence of an attorney. I told my attorney this and he never met with them. I was not deposed until July 21, 2010. The main defendant was not deposed until March 31, 2011 and it was done with a rush because the defendants attorney was filing a motion for summary judgement.
Still to this day....my attorney has not questioned my witnesses at all and because of that when we went to court this past Friday for the motion on summary judgement the judge dismissed the defamation count because my attorney did not have any proof or statements from witnesses stating the defendant made the defamatory remarks. His answer to the judge was that they are going to testify in court.
My attorney also sent the defendant admissions that were due in the beginning of August. At my deposition the defendants attorney asked for an extension and we agreed to give until September 3rd. We never received the admissions. But my attorney says he called the defendants in Sept., Oct., Nov. & Dec. when he finally told the defendants that he was filing a motion for summary judgement because the admissions are deemed admitted if not responded within the time frame. The defendant then email the admissions over.
Now we have another court date set in a couple weeks for an Evidenciary Hearing because the defendants state they sent numerous letters asking for extensions for the admissions, but my attorney never received them.
There is so much to this story....and my attorney made a run for Governor, so I personally feel that my case has not been handled correctly or timely. When I question my attorney he says he was trying not to do too much at first as to not run up my bill because he was hoping it would settle. Well seriously?? If he would have gotten statements from witnesses earlier and did all this stuff first, then am I wrong, but they probably would have settled......And not to mention, how many times I would go months without hearing from him at all.
I'm wondering if I can fire my attorney without having to pay him for the work he has done and hire a new one. I know it's probably a long shot, but this is ridiculous!!
