Legal Question in Legal Malpractice in Florida

is this legal malpractice?

I lost a med mal case this past summer, my attorney agreed to file an appeal(which he timely did) we then found out that there was possible juror misconduct and went through some hearings and the judge agreed to interview only 1 of the jurors (long story short, she stopped the interview half way through because she felt any more questions would be leading)The attorney then tells us about a month after this that he is out of funds and cannot pay for our appeal after everything has been filed and the first set of briefs are coming due he then turns around and files a second appeal to preserve our right to appeal the juror misconduct issue (all the while knowing that he is not able to fund the appeal nor can we) he is now being very sketchy with us on seperate occassions saying verbally that he is just covering his butt so that he does not get sued

Is there anyone that can help me?


Asked on 4/24/08, 4:00 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: is this legal malpractice?

You need to contact an appellate lawyer directly. This is not the best place to do that.

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Answered on 4/27/08, 4:02 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: is this legal malpractice?

You need to contact an appellate lawyer directly. This is not the best place to do that.

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Answered on 4/27/08, 4:02 pm
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: is this legal malpractice?

If you had an agreement to pay his fees, then if he has not been paid it is not malpractice to withdraw. If he was representing you on a contigency, he can still stop by getting a court order permitting him to withdraw. If anything else happened, you may have a legal claim. If you would like to discuss further, please contact my office.

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Answered on 4/24/08, 4:14 pm


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