Definition of legal malpractice in New York

**patty262** · 08-07-2005, 02:08 AM

PLEASE HELP--I am trying to find out want responsibilities a lawyer has when handling a personal injury case, such as keeping you informed about status of case, sending you statements of expenses & how often this should be done. This is in regard to a case that started in 1997. The person was severely injured(total of 12 surguries,12 weeks in hospital & 4 more at home confined to bed, then 1-2 years of extensive physical therapy learning how to walk again). The insurance company of the at fault driver paid total amount very fast, but lawyer held back a portion, saying there was a lien against the outcome of the case. Also, lawyer sued the estate of the at fault driver(she died as result of accident) and case was "settled" on the first day of trial even before starting to pick a jury. Even tho it was supposedly settled the executors of the estate(her children) still argued regarding the settlement. They took items from the estate,tried to overcharge for their fees & dragged this out forever. Every time the lawyer was asked for the status he said he was working on it & that the other lawyer was holding things up. The only way we were able to finally find out about resolution of case against the estate was to go the court & ask to look at & copy some of file including a check made out to the "attorney for plantiff" dated March 2004. We knew nothing of this check(never endorsed by plantiff). The lawyer has repeatedly been asked for a total accounting of the case & to date have received no information.
There was also a case brought against the state(never even notified of trial date) which was dismissed.
Would appreciate any help available regarding this problem. Many THANKS in advance.
Patty262

**aaron** · 08-08-2005, 08:58 AM

Your right to accountings during the pendency of a case will depend upon the terms of your retainer agreement, although lawyers have an ethical duty to keep their clients informed about the progress and status of a case. It sounds as if you have cause for concern. If you cannot get a status update and some form of accounting from your lawyer, you may wish to consult with another law firm (perhaps one which handles legal malpractice claims) about your possible remedies.

**patty262** · 08-10-2005, 02:57 AM

Thanks for the quick answer Aaron. Sure appreciate it. Any reccomendations as to how best to look for/find a lawyer that handles legal malpractice?
Again, thanks in advance!

**aaron** · 08-10-2005, 09:33 AM

Sometimes a State or County bar association will offer a referral service, and can connect you with a lawyer who practices in a specific area. If possible, though, I would suggest trying to get a referral from a local lawyer whose opinion you trust.