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  1. #1
    Join Date
    Nov 2019
    Posts
    9

    Default Researching Your Case

    My question relates to legal practice in the state of: GA

    I'm representing myself in case because my previous pro bono lawyer withdrew. The case was for a violation of a federal statue by the defendant and the defendant had previously lost at summary judgment for the very same thing in another state. The cases were nearly identical. Former attorney never looked at the previous case and if he had, he would have found evidence of negligence and possible fraud. I brought this up to him after he withdrew and he said that is one of the reasons that he withdrew, because I expected things of him like this.

    If a potential client brings you a case such as this, wouldn't you review all the details, including the previous case to see if there are additional claims? He also sat on my case for six months and and filed it the day before the SOL tolled. In fact, defendant tried to dismiss the case using the SOL defense. I had panic attacks because I thought we might lose. Just FYI, I didn't even know that I could get my own pacer account before the attorney withdrew I was so ignorant. Was I expecting to much for free representation? How much leg work do people need to do own their own before even consulting with an attorney?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,258

    Default Re: Researching Your Case

    Note that very few of us here are attorneys.

    Note your use of the terminology is wrong. The SOL "expires". Tolling refers to putting the time on hold.

    Unless your attorney had indeed made an appearance, he's got no real obligation to you on a pro bono situation. If you want dedicated representation, you'll need to pay for an attorney.

  3. #3
    Join Date
    Nov 2019
    Posts
    9

    Default Re: Researching Your Case

    Quote Quoting flyingron
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    Note that very few of us here are attorneys.

    Note your use of the terminology is wrong. The SOL "expires". Tolling refers to putting the time on hold.

    Unless your attorney had indeed made an appearance, he's got no real obligation to you on a pro bono situation. If you want dedicated representation, you'll need to pay for an attorney.
    Thank you for the correction and duly noted. My attorney filed the complaint and filed a reply to the motion to dismiss. He withdrew before the Judge ruled on it based on the Magistrate's report. He also filed an objection to the report that I practically had to beg him to do. In fact, he told me he agreed with it, and didn't plan on objecting! I researched and handed him all the objections and he withdrew shortly after he filed it because at that point, I had found other claims and wanted to add to the complaint.

    I've always known that "you get what you pay for" but I somehow thought this was different.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,743

    Default Re: Researching Your Case

    Quote Quoting nobeefcow
    View Post
    If a potential client brings you a case such as this, wouldn't you review all the details, including the previous case to see if there are additional claims?
    So...basically, you're asking us to critique your former lawyer's performance based on only a few sentences of information? I can't begin to tell you what I'd have done under the same circumstances since I don't know all of the relevant circumstances.


    Quote Quoting nobeefcow
    View Post
    Was I expecting to much for free representation?
    Without knowing what your expectations were or the relevant facts, no one can intelligently comment on the reasonableness of your expectations.


    Quote Quoting nobeefcow
    View Post
    How much leg work do people need to do own their own before even consulting with an attorney?
    Anywhere from none to some, depending on the relevant facts and circumstances.

    Quote Quoting flyingron
    View Post
    Unless your attorney had indeed made an appearance, he's got no real obligation to you on a pro bono situation.
    That's not accurate. Whether the lawyer is or isn't getting paid has no relevance to the existence of a legal duty. The lawyer easily could have owed duties to the OP prior to the filing of the complaint.

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