Unable to dump lawyer

[creaves0]

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

Ok, so basically here's the scoop...

My ex wife was going through a custody battle with her ex husband when we were married. During the custody battle, her ex husband got remarried to this lady who decided to basically defame me and make false accusations to my employer (none of which had any merit). Long story short, we sued for defamation and libel (in the amount of $1Million).

So the attorney we were using for the custody case also was filing and representing us for this case against the new wife. We signed a contigency contract and he filed it with the court.

The ex and I got divorced, and she used the same attorney to represent her (I know...don't ask). Throughout the divorce proceedings, he went MIA and we had to jump through hoops and ladders to get him to do anything.

Divorce is done and finalized, however I'm still stuck on this stupid lawsuit. I've tried emailing and calling his office as to get removed from the lawsuit, and can't ever get a hold of anybody. Is there anything I can do about this? Motions to file? There isn't anything to gain, and I still have a job. I'd just really like to be free and clear of these crazy people.

Thanks

 

[Ohiogal]

Have the attorney file a motion to dismiss. HOWEVER depending on the wording of the contingency agreement you might be on the hook to pay the attorney for all the time he has spent on the case. Prepare yourself to pay a big bill.

 

[creaves0]

But what happens if I've made every reasonable attempt to contact him by phone, letter, email and fax and can't get ahold of him.

 

[latigo]

Next time maybe you’ll consider the financial consequences before filing a “stupid lawsuit”, including being assessed pecuniary sanctions by the court for filing a specious cause of action!

And the next time you should post in here you’ll have learned that there is a distinction between a singular and a plural pronoun so that a reader might understand what the blazes you are talking about.

this lady defamed me . . . we signed a contingency fee agreement . . . we sued for defamation . . . we had to jump through hoops . . . I'd like to be free and clear of these crazy people

I can’t tell whether your ex wife is still in the libel suit or if ever. Which might be nice to know in considering how to make it go away.

 

[creaves0]

Thanks for the "free advice"


Anybody else?

 

[SuperLitigator]

Lots of fun eh?

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

Ok, so basically here's the scoop...

My ex wife was going through a custody battle with her ex husband when we were married. During the custody battle, her ex husband got remarried to this lady who decided to basically defame me and make false accusations to my employer (none of which had any merit). Long story short, we sued for defamation and libel (in the amount of $1Million).

So the attorney we were using for the custody case also was filing and representing us for this case against the new wife. We signed a contigency contract and he filed it with the court.

The ex and I got divorced, and she used the same attorney to represent her (I know...don't ask). Throughout the divorce proceedings, he went MIA and we had to jump through hoops and ladders to get him to do anything.

Divorce is done and finalized, however I'm still stuck on this stupid lawsuit. I've tried emailing and calling his office as to get removed from the lawsuit, and can't ever get a hold of anybody. Is there anything I can do about this? Motions to file? There isn't anything to gain, and I still have a job. I'd just really like to be free and clear of these crazy people.

Thanks

I think what you want to do is withdrawl from the libel case, right? Simply withdrawing could or may leave you owing $$ to the defendant without an agreement that protects you.

So if you cannot get your lawyer to work this out in respect to your case (and I assume that you are the only plaintiff although you stated "we filed") then find out why the lawyer will not (and a contengency contract is just that, a contengency - he should get nothing). You have a problem here as in your complaint you would have had to claim that you sustained damages but here you indicate that you did not. If this is the case then you would be liable for the defendant's costs & lawyer's fees. However, if the defendant claimed that you stole or commited a felony then damages do not have to be claimed (it depends on the complaint) as when people say you committed a felony then its assumed under the law that you have been damaged.

Your lawyer will not call you back? Write him a letter staing the times and dates you have called without any response (certified letter) and tell him what you want to do, status of your case, etc. And if he does not reply that you will require him to withdrawl from the case due to a lack of fullfilling his obligations as a lawyer. If he does not respond, get another lawyer to have him removed (you could do this yourself but what would you do then?).

Or you can simply let the case move forward at a snails pace & see if you win.

I would not post anything more publicly as it could be used against you in future proceedings.