What can I do if I am unhappy with my lawyer in a wrongful termination case? 2 Answers as of April 20, 2011I am involved in an arbitration case against a former employer for wrongful termination. The initial submission of the articles of arbitration occurred 2 years ago. There has been an extremely prolonged discovery period. Over this past year, there has been only 4 dates of deposition, though my team claimed that many other people needed to be deposed and more records needed to be obtained to support our case. Unfortunately, the discovery period has expired. If my legal team did not obtain the info / data wanted, what options do I have? Is it possible to change legal counsel at this stage in the process? If so, would the process have to be restarted from the beginning and is there a statue of limitation with typical arbitration cases over contract dispute?
Law Office of Neal L. Weinstein | Neal L. Weinstein
You could change attorneys but will not necessarily get additional time for depositions or discovery. The arbitrator will determine what will happen. If the issue is one of trial tactics by your attorneys, you may get nothing. And, you don't know what will happen yet, so you should seek review of your case asap. If your attorneys screw up the arbitration and you lose because of the very issues you are stating, you may have a claim against her and them for malpractice. If they have stated that they should have taken more depositions and were negligent in not doing so, try to document that fact. The statute of limitations stopped running when the case was initially filed so that is not an issue.
Answer Applies to: Maine
Diefer Law Group, P.C. | Marcelo Dieguez
It is possible to switch attorneys at any time in a case. The process would not star over. The only issue in this case would be that there may not have been sufficient discovery for a new attorney to take the case and effectively represent you at the arbitration hearing. However, you should consult with an attorney, show such attorney the file, and see if we can make an informed decision.
Answer Applies to: California