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I found out my crim defense attorney never put in any motions on my case or any requests for hearings when I was given a temp or

Deer Park, NY |

I found out my crim defense attorney never put in any motions on my case or any requests for hearings when I was given a temp order of protection due to a false allegation charge, which was dismissed one year after I was put through a legal nightmare. I appeared in court 19x ; complaining witness never showed once. My attorney assured me he put in motions & requested for me to have a hearing re the ex-parte order of prot (stay away), which barred me from my home for 6 months. He said I couldn't have a hearing because the complaining witness didn't show up. So I had the order of protection on me for many months & never got a chance to speak. He reassured me also that he had put in order to vacate it. I just found out from court there were no motions submitted on my case. What can i do?

Attorney Answers 3


  1. Nothing. Its a matter of legal strategy. In addition, only pecuniary loss is recoverable in a legal malpractice case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Not much. It seems as if the Order was dismissed anyways.


  3. Be grateful that it has been resolved, put the matter behind you and get on with your life. There is no cause of action.

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