I retained an attorney in 2012 after a car accident that was not my fault, but insurance companies were fighting back and forth as to blame. I have serious injuries that will last my lifetime.My daughter was in the car with me. My attorney told me not to worry about anything, and "promised" we would win the case. This was after I was fined by the Pa. State Police, but was found not guilty by the Judge in the county court. My daughter aged 16 had one deposition, and was torn to shreds by the other insurance companies attorney. My attorney would object, but the other attorney kept going. I was to go to a deposition this past Feb. but my attorney did not inform me. He has continually refused to answer my texts, or phone calls, and when I set an appt. he makes it for a Sat./Sun. I have just found out thru the insurance co. attorney that my case was dismissed by the court, and I did not know this. Also, my attorney crossed the client/attorney line, when I met at his office on a Sunday..very distraught because he has not been answering my calls. He took my hands while I was crying and kissed me and said it was going to be ok, and he had wanted to do that for a long time.
With out commenting on the appropriateness of the attorney kissing you (that is not my area of practice), it sounds as if a lawsuit was indeed filed but subsequently dismissed. The statute of limitations might not be an issue. You should, however, be concerned with the 30 appeal period. Also, if your daughter suffered injury she might still be capable of bringing a claim. Find out why the matter was dismissed.
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
There are many issues here, but the single most important is an allegation of attorney misconduct.
It is imperative you discuss these issues with an attorney to narrow the issues for presentation either (a) to the disciplinary board and (b) filing a legal malpractice suit.
Talk to a legal malpractice attorney right away to explore your options. I hope your case can be salvaged, but if not you'll be talking to the right person. I also agree that it sounds like the attorney crossed the line with inappropriate behavior, and the attorney ethics authority (in NJ it's the Office of Attorney Ethics) should be contacted.
Every situation is different, and good legal advice cannot be given based on a short question without an exploration of all the facts that may bear on your situation. This is not legal advice and no attorney-client relationship has been established.
If your case was dismissed due to your attorneys neglect, then you would appear to have a legal malpractice claim against him. in order to win that case, you will have to prove that you would have won the underlying automobile accident case. Avvo is a great resource for locating qualified attorneys in your area that handle legal malpractice claims.
You may also want to contact the Pennsylvania Disciplinary Board to file an ethics complaint against this attorney for his conduct and for neglecting your matter.
Best of luck with your case.
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