Can't fire him now... trial in two days

[minkyboodle]

What is the name of your state? FL

I have trial in two days on a civil matter. My lawyer has done nothing to prepare besides send a request for discovery to the defendant a few weeks ago. No one else. Hasn't contacted any witness, hasn't deposed anyone, hasn't read the case law, is unfamiliar with the theories involved, really doesn't care one way or the other.

We got the discovery late from the defendant, but the judge isn't granting a continuance, so he will have about an hour to review that before he deposes the defendant tomorrow, and then trial the next day. He has no clue and I have no hope. He did tell me he would mo for withdrawal, but then I might be standing there with no counsel at all, and the judge might proceed anyway, he said.

Is there anything I can do here to preserve a right to appeal? Is the attorney's abandonment of duty a grounds for appeal? He figures he'll go in at trial time and ask again for a continuance, but he won't get it. Have I any recourse, either in my case or against this do-nothing?

 

[The Dover Demon]

Cite your right to an adequate defense in the sixth amendment.

 

[badapple40]

The Sixth Amendment has NOTHING to do with a civil trial. No such thing as a innefective assistance claim in a civil trial.

I would ask for another continuance, from the judge, on the basis that your lawyer has not prosecuted the matter with any diligence and that you do not feel justice has been or will be done for that reason.

I would also advise filing a complaint with the local bar association/regulatory agency against the attorney, if you truly feel aggreived.

If you lose at trial, you may be able to maintain a legal malpractice claim against the attorney. You'll need to prove that the attorney's practice deviated from the standard of care and that you were injured as a result. To prove injury, you'll basically need to prove that if the attorney wasn't so bad, you would have won, e.g. that the underlying claim had merit.