Bad Attorney?

[just john]

State: PA

We went to small claims court in June 2005 and won. (Defendant [a contractor] appealed). At this point we hired an attorney, and paid him $400.00 deposit. He filed with the prothonotary in August 2005 and I have only heard from this attorney 2 times in almost 2 years. He will not return phone calls or acknowledge e-mails.

Today I called prothonotarys office to see if anything has been done and they informed me that this will expire in August as there is a 2 year time frame.

I cannot afford to hire another attorney, let alone the money we lost on the faulty project that origionally brought this on.

What should we do?

Thank you

[aaron]

You hired this lawyer to do what?

[just john]

To represent us in the appeal.

This case was originally in small claims court. Judged in our favor. We were able to represent ourselves. Then the contractor appealed that judgement at county court.
At this point we hired the attorney to handle the appeal.

[aaron]

If it's been two years, it seems likely that the appeal is over. What's expiring? What's the status of the appeal?

[just john]

Hi Aaron

The appeal of the local district justice's judgement (in our favor) was filed by the contractor in July 2005 in county court. I contacted the attorney and he filed a response to this appeal in August 2005. My response to the appeal is what will expire on August 30th

The response to the appeal is that it has been filed. That is it!
And it will expire Aug 30 2007. This is the 2-year mark.

What should I do?

thank you

[aaron]

I am in no position to try to figure out the status of your case, why your response would supposedly "expire", or why the appeal has not been resolved in the past two years. If you can't get your lawyer to explain this to you, I suggest getting a copy of the court file and taking it to a different lawyer for an assessment of your situation and options.

[just john]

Thanks Aaron

I too do not know why this has not been resolved in almost 2 years.

And my lawyer will not return my calls. And I paid him $400.00.
Am I beat?

I don't know if I am using the correct word by saying "expire", but when I called the prothonotary's office to check on the case they stated that " no action has been taken since my response was filed in August 2005. And that after 2 years the case is over or dismissed"?

[scared_alone456456]

He will not return phone calls or acknowledge e-mails

have you tried going to his office?

[just john]

Not yet scared.
But I always speak to the receptionist. So I know he is getting my calls.

[scared_alone456456]

Receptionist will tell you they passed on the message YES but if he actually read it and paid any attettion to it is another story!!

If I were you go down to his office schedule a time to meet with him and tell him that its been 2 years and you dont know what is going on and the deadline is almost up and what he plans on doing about it! do you still have your recipts? if so check to see its a flat fee for services or hourly, if he is not covering you on what he promised to refund you your money and with that money go hire another attorney!