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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default Case Dismissed

    My question involves Legal malpractice in the state of: Ca

    My lawyer promised me verbally that everything will be just fine and we will win the case but then suddenly my case was dismissed because the court has no jurisdiction of it. Because it was dismissed, do i have to pay all the atty fees and everything they've been billing me knowing I dont have money from the very beginning we started this? I dont have money can they sue me for not paying them even the case was dismissed?

    I did not sign any retainer or agreement services between me and the law firm.

    Please enlighten me. What should i do?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Case Dismissed

    If you signed nothing then you will owe nothing ... they may sue or threaten but almost every state requires a lawyer to have a written contract.

  3. #3
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Case Dismissed

    A case being dismissed from a given court for lack of jurisdiction doesn't mean the case can't be re-filed in the proper place.

    "Because it was dismissed, do i have to pay all the atty fees and everything they've been billing me knowing I dont have money from the very beginning we started this?"

    We cannot know from here whether the attorney took the case on contingency. I cannot imagine another reason to take on the case if the lawyer knew you didn't have money.

    "What should i do?"

    You don't say what discussions you've had with this attorney, and I'm not sure more feedback from strangers based simply on what you've posted would be productive.

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Case Dismissed

    As Foster has rightly pointed out, you need to speak with your attorney immediately. Jurisdiction can be a complex issue depending on the type of case and where certain events took place. Your attorney may just re-file in the correct venue and continue the case.

    As far as payment is concerned, that is dependent upon what you and your attorney have agreed to.

  5. #5
    Join Date
    Oct 2012
    Posts
    2

    Default Re: Case Dismissed

    I talked to my lawyer. I know he had done everything that he could. He is really good and sincere about my case. But I am just afraid that he will drop me in the middle of the future case. I've read somewhere that the lawyer can withdraw the case whenever they want to. As much as possible I want to keep him until this is finish.And that means I have to pay them. thanx

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