I found an attorney on this forum some time ago. He has been representing me for a month in a very intense attempt to settle a sexual assault case. Today we heard back from the Plaintiff's attorney with a ridiculously low amount; I told him that I wasn't interested and wanted to proceed with a lawsuit. Even though we had addressed this many times, he said he didn't think that was a good idea and told me that unless I was prepared to have him try to settle the case for a smaller amount than we had agreed on initially he would not go forward with the case and to find a new lawyer. I didn't think he could this. He used a ridiculous reason as his excuse. This all took place via email. Meanwhile, he even contacted the other attorney after all of this. What can I do? Is there an arbitrator?Meanwhile, after he bullyied me, and intimidated me into trying to do what he wanted and said he would quit if I didn't he contacted the Plaintiff's attorney and gave them my settlement number even though I wrote him that he should not contact her if he wasn't prepared to put the case in suit if they didn't agree. But he went ahead and contacted them and wrote me and said, "Too late, he had already done it." I couldn't believe it and now he's saying what does he want me to do if they come back with a lesser number. This is a rogue attorney who decided he wanted to pull from a case a day after telling the Plaintiff's attorney (in writing) that he was prepared to file an action because I didn't do what he wanted me to and he didn't want to bother to prosecute the case. There must be some legal entity or judge where I can go to see if he is responsible in some way.
I am not a New York Attorney, but I doubt what you describe consitutes legal malpractice. What appears to be involved here seems more of a difference in case handling philosophy and strategy. If you are unhappy with your lawyer, consider finding a new attorney.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Very simply, you should find a new attorney.
Most likely the written retainer you have with this firm states that they are taking the case on "subject to investigation." Even if not, it is understood that most new cases are taken on with that caveat. It seems as though this attorney does not feel confident in your prospects if the case is taken to Court. Or perhaps he does not feel confident that a judge or jury will buy your story. There are many many reasons why an attorney will decide not to put a case into suit. The unfortunate truth is the decision is his.
Now if the case was already initiated in Supreme Court, the attorney is not able to just discontinue representation as he would need court approval. However, it is pre-suit and at this point the attorney can just beg off the case.
I suggest you do not waste your time pursuing a malpractice claim and find a new attorney who is willing to bring this matter to Court. Good luck.
The aforementioned opinion does not constitute legal advice and is for general informational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
I agree with Mr. Ferrante. What you've presented thus far does not sound like malpractice. It may be that he/she believes the case has been taken as far as practical. The legal entity you're looking for is another lawyer.
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Best bet is to find a new lawyer. Find one with a low contingency fee, less than 30%, so you are left with the lion's share of the settlement, not your lawyer. Good luck.
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
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