Case Neglected by Law Firm After Original Lawyer Left the Firm

**acemorgan** · 02-18-2011, 11:49 PM

My question involves malpractice by a lawyer in the state of: Texas
I've had an attorney working on my case for about 13 months before he left the firm & he left my case with the firm to continue to work on it. My attorney never mentioned or told me that he was leaving finding out from his assistant who was handling the case on a day to day basis calling me 3 weeks after he left & that someone at the firm will be taking over me case. After 1&1/2 have years have past since I've last heard from the assistant or the new attorney or even anybody at the firm I called the firm to find out whats been happening with my case. I found out the assistant is no longer with the firm & that thay havent done anything with my case. I spoke to the new attorney who was asighned to my case. He tells me that he thought my attorney left with the case & took it with him & that I should speak with him. I found my first attorney & he tell me exaclty what I knew, that he left my case with the firm & was approved by the judge 1&1/2 year ago. I feel that the firm has abandon & let my case go neglecting it as soon after my first attorney left the firm. I called the courthouse to to see who's my attorney & they comfirmed with me that it is the second attorney granted by the judge & also to find out that I have a dissmissle docket notice that was sent out 2 months earlier to the firm. I called the firm back speaking to the attorny who tells me that I do not have a contract with them & that they would be happy to look at my case. This is not true, I sighned the contract agreement with my first attorney which he wanted thru the firm only. I asked them to continue to work on the case so it would not get thrown out & they did retain it. Now after the holidays one month i went to the firm to pick up a copy of my file I wanted to see. They said they was withdrawing from my case & that I had to sigh the paper for them to release the copy to me telling me that they don't have the inhouse resources to better help me & that i should go find another firm to assist me. After so much time has passed it seriously jepardised my case sending a strong message to the opposing counsil which has been trying to contact the firm & now the offer to settle is greatly reduced. I believe this firm was intentionally geting back which hurt me & my case on purpose.

**Mr. Knowitall** · 02-20-2011, 08:40 AM

If your case remains viable, as appears to be the case from the fact that there's a settlement offer, you're free to hire a different law firm to prosecute the case on your behalf.

**acemorgan** · 02-20-2011, 10:41 PM

Quoting Mr. Knowitall

If your case remains viable, as appears to be the case from the fact that there's a settlement offer, you're free to hire a different law firm to prosecute the case on your behalf.

The judge did allow the withdrawl of my first attorney to be replaced by another in the same firm who was ordered by the judge. then after 1&1/2 years have past. The second attorney says he didnt know anything about the case remaining in the firm & says nothing about signing on to it.

**Mr. Knowitall** · 02-20-2011, 10:48 PM

Perhaps I should put it a different way: If you want a different lawyer, go retain a different lawyer.

If your case will have more value if you're represented, that's the way to get represented. If you want to discuss with your new lawyer whether your former lawyer's delays harmed your case, you can discuss the details with your new lawyer.