Did my attorney mishandle my suit? 6 Answers as of February 24, 2012

My attorney dropped my malpractice suit after they statute of limitation was up without notifying me. The case was already submitted to the county. What can I do now?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Or for Immediate Assistance call (888) 428-7281

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
If your lawyer started the lawsuit then he can't get out without a substitution by another lawyer or a court order.
Answer Applies to: New York
Replied: 2/24/2012
Lutwin & Lutwin, LLP | Joel M. Lutwin
Did he start a lawsuit within the 2.5 yrs from the date of the malpractice if not you have a case also if you are suing a city,village or county you may have a shorter statute of limitations but remember in a legal malpractice case you have to prove that but for the legal malpractice you would have prevailed in your lawsuit.
Answer Applies to: New York
Replied: 2/23/2012
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
You state that the "case was already submitted to the county". That might mean that the lawsuit has been started, and could be continued. As for the rest of the question, get your file back from your former lawyer (it belongs to you) and get it into the hands of another lawyer. If the malpractice case cannot be continued, you may have a malpractice case against your former lawyer. Unfortunately, malpractice cases are hard to prove, and you will have to prove that the lawyer committed malpractice and that you likely would have won the underlying case had he/she handled it properly.
Answer Applies to: New York
Replied: 2/23/2012
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
When you said that the case was submitted to the court, I assume you mean that a lawsuit was served in this matter and the appropriate. If so your case has been preserved. If your attorney dropped you after a lawsuit has been started he is required to ask the court for leave to be removed from the case. If said was done, you are entitled to find another attorney to represent you. If he dropped you after the statute of limitations has expired and did not serve the summons and complaint upon the appropriate parties then this would be improper.
Answer Applies to: New York
Replied: 2/22/2012
Dwyer, Black & Lyle, LLP
Dwyer, Black & Lyle, LLP | Kevin Habberfield
If your attorney withdrew as counsel but, suit has been filed to protect the statute of limitations you simply need to hire a new attorney to pick up the case. This would have been provided to you by an order of the court and typically gives you 30 days to do so. If the attorney withdrew without protecting the statute, and the statute has expired, then you need to see a legal malpractice attorney to discuss your options.
Answer Applies to: New York
Replied: 2/22/2012
Bruce Plesser | Bruce Plesser
I don't sue other lawyers but letting a case lapse beyond the SOL is malpractice.
Answer Applies to: Florida
Replied: 2/22/2012
Click to View More Answers: