What is the name of your state (only U.S. law)? New York State.
Hired an attorney back in 2010. Few weeks after I signed the retainer agreement and paid the retainer, the law firm switched attorneys on me. The new attorney called me to tell me that my original attorney is very busy with his cases and can not handle mine and that new attorney will be taking over the case and by the way the new attorney is the only one available to take my case and if I don't agree I will have to go and get me a new lawyer. -- BAIT & SWITCH --
After thinking about it I decided to go with the new attorney because the firm already disbursed some of my retainer. We go the first hearing the new attorney has no clue about the case. So I brought the new attorney up to speed. The next court appearance it was the same thing and so were subsequent appearances.
The new attorney also did everything not to get the case settled by refusing to present my offers to opposing party. The new attorney also did not communicate to opposing counsel very important details as I requested.
After the last court appearance, I did got into an argument with the new attorney. The new attorney filed a motion with the court to withdraw as my counsel on the basis I lost faith in the new attorney's ability to handle my case.
I refused to pay their last bill/invoice and now the firm is suing me for the amount which I refuse to pay an incompetent and unethical attorney (the new attorney did not disclose to me - friendship with opposing counsel).
There is more (bad advice, ...etc) but I believe this should be enough for someone to tell me if I have a case for legal malpractice.
Thank you all for your help.What is the name of your state (only U.S. law)?
Hired an attorney back in 2010. Few weeks after I signed the retainer agreement and paid the retainer, the law firm switched attorneys on me. The new attorney called me to tell me that my original attorney is very busy with his cases and can not handle mine and that new attorney will be taking over the case and by the way the new attorney is the only one available to take my case and if I don't agree I will have to go and get me a new lawyer. -- BAIT & SWITCH --
After thinking about it I decided to go with the new attorney because the firm already disbursed some of my retainer. We go the first hearing the new attorney has no clue about the case. So I brought the new attorney up to speed. The next court appearance it was the same thing and so were subsequent appearances.
The new attorney also did everything not to get the case settled by refusing to present my offers to opposing party. The new attorney also did not communicate to opposing counsel very important details as I requested.
After the last court appearance, I did got into an argument with the new attorney. The new attorney filed a motion with the court to withdraw as my counsel on the basis I lost faith in the new attorney's ability to handle my case.
I refused to pay their last bill/invoice and now the firm is suing me for the amount which I refuse to pay an incompetent and unethical attorney (the new attorney did not disclose to me - friendship with opposing counsel).
There is more (bad advice, ...etc) but I believe this should be enough for someone to tell me if I have a case for legal malpractice.
Thank you all for your help.What is the name of your state (only U.S. law)?