Can I Sue My Attorney

**jondoecca** · 09-07-2009, 10:30 PM

My question involves malpractice by a lawyer in the state of: Florida

I had stopped hearing from my workers comp attorney for about 6 months then out of nowhere I get a letter from the judges office which states my attorney has removed herself from my case. She used "distance as 1 mitigating factor".
Now this attorney was fully aware of the distance between us when she took the case so that's a bunch of garbage she fed the judges office.
Ok so now she decides to give my case/file to an attorney I never heard of before who works at a completely different law firm in a different part of the state.
This "new" attorney filed several documents with the judges office without my knowledge or consent?
When I complained to lawyer 1 she took my case back however the "new" attorney removed himself from the case and withdrew my benefits petition when doing so? The opposing counsel has raised questions/opposition about this. Why did he withdraw my benefits petition can he do that?
I believe both these attorneys behaved unethical and can I sue one or both if so then for what? I haven't had my day in court yet. What can I do legally.

**PhonyPope** · 09-07-2009, 11:30 PM

As it says in the Florida Rules of Professional Conduct:

"Rule 4-1.4 Communication

(a) Informing Client of Status of Representation

A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

(b) Duty to Explain Matters to Client

A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.

Rule 4-1.16 Declining or Terminating Representation

(a) When Lawyer Must Decline or Terminate Representation.

Except as stated in subdivision (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

(1) the representation will result in violation of the Rules of Professional Conduct or law;

(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or

(3) the lawyer is discharged.

(b) When Withdrawal Is Allowed.

Except as stated in subdivision (c), a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interests of the client, or if:

(1) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent;

(2) the client has used the lawyer's services to perpetrate a crime or fraud;

(3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent;

(4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled;

(5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or

(6) other good cause for withdrawal exists.

(c) Compliance With Order of Tribunal.

When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating the representation.

(d) Protection of Client's Interest.

Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled, and refunding any advance payment of fee that has not been earned. The lawyer may retain papers and other property relating to or belonging to the client to the extent permitted by law."

You can make your own conclusions.

**Mr. Knowitall** · 09-08-2009, 06:53 AM

You don't have a malpractice claim unless you suffer harm. What harm have you suffered?

Consider switching to an entirely different law firm.

**jondoecca** · 09-08-2009, 03:35 PM

[QUOTE=Mr. Knowitall;348319]You don't have a malpractice claim unless you suffer harm. What harm have you suffered?

Consider switching to an entirely different law firm.[/QUO

I have suffered nothing "yet" however if the S.O.L is 2 years as I understand it for Legal malpractice and my case could goes on longer than that and If I loose, because it's found out attorney 2 did something wrong then how can I sue after the S.O.L??

**jondoecca** · 09-13-2009, 08:52 PM

Phonypope, can I sue the attorney?

**Mr. Knowitall** · 09-14-2009, 07:23 AM

As you were told, if you have not suffered harm you have no malpractice case. If you are concerned that by doing nothing you will suffer harm, I again suggest switching to a law firm you trust.

Quoting Law Office of David J. Stern, P.A. v. Sec. Nat'l Servicing Corp., 969 So. 2d 962 (Fla. 2007) (emphasis added)

A legal malpractice action has three elements: 1) the attorney's employment; 2) the attorney's neglect of a reasonable duty; and 3) the attorney's negligence as the proximate cause of loss to the client.

**jondoecca** · 09-16-2009, 02:00 PM

Hi "Mr Knowitall" not that you suggestion isn't a stellar one and not un-thought of, but do you have anything more constructive to add other than switch to another law firm.
Again as I told the forum and you if you read my post completely, I never mentioned any specific harm....I mentioned potential harm.
Phoneypope had something constructive to say suggesting there is something I can do.
Your answers are , we'll just like an attorney's vague...
Unless you have something constructive to suggest other than being insulting and a bit arrogant ignore my posts....really I wont mind.