Unfiled Motion

Status
Not open for further replies.

mjcrules

New Member
Atty sends me (the client) and OC a copy of a motion with all reqd cert of service and client verification. OC sends letter to atty stating she recd motion and requests atty to withdraw the motion. Atty and client deem there needs to be changes/modifications to original motion. Atty provides an amended motion to client for executiion and notarizing approx 1.5 mos. later. Client accesses county case listing and notes original motion NOT filed. SOL had lapsed on issues original motion had addressed. Client very upset and telephones atty. After conversation atty states intention to withdraw and will keep retainer. BUT, if client signs sub of atty form, atty will refund some of the retainer. Client figures if the sub of atty form is signed, atty can escape liability for motion not being filed issue so does not sign sub form. Atty sets motion to withdraw hearing date over 2.5 mos from filing motion to withdraw date??? Atty tells client that the Court can't be petitioned, can't hire another atty and can't communicate with court until motion to withdraw is granted....so why not sign the sub of atty form? Aside from filing a complaint with the state Bar....would this be considered legal malpractice or just, not-ethical legal practice?
 
This is very fact specific. Apparently your claim may have been at the end of a statute of limitations and there could have been attorney negligence here. It's difficult to say without all the facts. Have you spoken to another attorney whom you want to hire? I'm assuming he/she will be closer to us to determine what would be the appropriate course of action. Good luck.
 
Status
Not open for further replies.
Back
Top