NY firm stated that they were taking on representation for a new case, purchased an index number, and stated in writing and verbally that it went out for service on the defendant. The defendant was never served, statute of limitations elapsed, and now (despite written and oral statements to the contrary) the firm has stated that they only agreed to purchase the index number. The firm is using their failure to send the client a written retainer on this new matter as basis to escape malpractice liability. Isn't that the firm's problem, not the client's?
I get these sometimes and I make my rejection of a case very clear. A client comes to me wanting to sue the child protective apparatus because they lied about a mother's conduct with her child. I explain very clearly the woman has no case and that I am not taking it. She offers $10,000 and I turn it down.
Your facts seem to show that the firm found nothing to sue over. The missed statute of limitations means nothing if there was no case to begin with. There is no need for a retainer agreement when the firm did not take the case.
Next time shop around for a lawyer.
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