Firing Of My Attorney

[colfre12]

How are you Mr. Swede, It seems that I lost my case against police in Federal district court for personal injuries, where my attorney asked several extensions to oppose defendent's motion for summary judgement. Before that motion, defendent offered me through my attorney $7,500 according to Rule 68 of federal rules of procedures. Although my lawyer did not offered any advise as to accept or decline this offer, he gave me unclear signal that he could get more. However, he never returned my calls and I just learned that there was an order from the Judge that if my attorney does not serve his opposition by Febr. 3 the judgment for the defendants will enter. What options do I have? Will my lawyer be liable for failure to serve his opposition? He even did not inform me of this Order. What can I do in this situation? Can I ask the Judge for some relief or make my own argument? Thank you very much for your opinion and advise! Respectfully, Vlad

[aldric13]

    Hello again Vlad! Your Attorney had better file a motion to re-argue the motion or in some way to obtain a late extension of time to do so or else he or she is the subject of a malpractice complaint by you! This is a serious matter! If the motion was decided against your Attorney based on the Judges' review of the legal papers then so be it but if it was decided without the proper and timely submission of answering papers then you have a case against your own Attorney. Swede

Follow up

Dear Mr. Swede, Thank you very much for your response! On Febr. 13,(the last day for my attorney to respond to defendants' motion), I called to the Judge's chambers, and asked not to dismiss my complaint if my attorney did not file an opposition to summary judgment, but allow me to respond myself as a pro se. I received last Friday Judge's extension until Murch 13, and called for a conference on coming Tuesday for firing of my lawyer and she will bring my file.(She never returned my message and fax about violation of order to respond and jeopardizing my case). Given the fact, that if I did not learn by accident of Judge's last chance for my attorney to respond or I would lose the case(and she even did not inform me about that), what should I ask the Judge at the conference in order a)to safeguard myself from possible charges from my attorney if I survive summary judgment, b) or if I lose, so I can claim from him defendants' $7500 Rule 68 offer? In other words, how should I handle my attorney termination? Thank you once again! Respectfully, Vlad  

[Awan]

Hi Vlad, I think that the best way to handle this situation is to appear with all of your documents and ask for the Judge's permission to fire the Attorney and to accept the settlement offer right there and then if it is still on the table. The Judge as well as anyone else in the legal system do not like to see Legal Malpractice proceedures! Perhaps as a compromise you might offer to allow the Attorney to collect her expenses from the settlement if they aren't too exhorbitant but not her appearance fees.