ripped off by att...

[Cheeka]

What is the name of your state? Ohio
We are filing bancruptcy and paid our attny in full at the beginning of June. He has cashed our check, but has made no attempt to file our suit. We have tried to contact him several times, only to be told he is not in. He never returns our calls. We have filed a grevience with the state board and are now wanting to file a small claims suit against him. Do we have a chance of winning? This is a total injustice. To think this man is an attny.

 

[anadude]

sounds like your atty will be filing bankruptcy too.

 

[JETX]

"Do we have a chance of winning?"
*** Of course you have a chance. How good a chance though depends on LOTS of factors..... and none (or very few) of them are on your side.
You will be 'battling' an opponent on his home court, with him knowing (?) ALL the rules, and with the referree (judge) more than likely on his 'side'.

At this point, by filing a grievance with the state bar, you have pretty much alienated any chance of his proper representation of your interest, so I would suggest that you consider filing the small claims. You need to understand that the first thing he will likely do is to move it to a higher court (either at answer or on appeal). And that would put you at an even greater disadvantage.