plennon122
New Member
For three years my lawyer had been telling me he'd been writing letters, filing complaints with an insurance company on my behalf, but supposedly they never responded. Finally in late '06, after I threatened to go elsewhere, he had me sign an agreement/contract that stated he would initiate a legal action on my behalf. I paid him for the court filing fee and three hours of his time. For all of '07, he told me things were in the works, then that an August hearing was postponed until November, at which time he told me that the "discovery" portion of the suit was in progress. I spoke with him in early January '08 on what he said was the last date for "discovery" and he said that the next step was that the judge would call in the parties in 2-3 months to discuss the merits of the case. Unfortunately, my attorney died a week later, and I was contacted by his firm to set up a meeting to discuss the status of my case. When I met with their associate, he confessed that my lawyer had never filed the suit and had been lying to me for all of 2007, and perhaps from the beginning (2003). In addition, he'd cashed my check. This new associate said that my lawyer should never have taken the case - he believes it is without merit - and that my lawyer's achilles' heal was that he believed there was merit in all cases. Also, the new attorney says that in all probability, the statute of limitations has run out. In addition to the filing fee and the retainer, which I was promised to be reimbursed, I believe that this law firm has liability to compensate me for what I might have lost due to their partner's unethical behaviour. What do you think? Should I approach them myself (without a new lawyer) and try to settle this without litigation? The new attorney seemed to suggest that before I take any action (which I brought up I would consider), that I speak with them. Also, if they send me a check for the filing fee and the retainer, if I cash it, am I compromising my position with regard to any additional compensation? Any input would be appreciated. Thank you.
Betrayed.
Betrayed.
