Legal Question in Legal Malpractice in Florida

Lost

My lawyer settled my WC case..in mediation June 5 I said I would settle if I would get monies by june 28th Lawyer called judge's office said wld take 1 week..counsel wld get papers to her by fri..June 23rd I called lawyer she said she was to busy to review papers consuel sent come office 27th I did & signed papers. I called her July 5 was told papers been sent to judge waiting for sign..I stressed i was losing home & car ..was told numerous times hang in ck would come soon..I called everyweek saying judge still had them..finally I called everyother day no answer for 2 months..Sept 5th i finally called counsel they told me she never sent papers to him to even go to the judge..that they had called judge sent up a court date for sept 14th 2006 to get this off their books..I called judges office to set in on this via telephone as im in california.. My ques is this..can I ask the judge on this--name removed--to penalize my lawyer give me conpensation out of this law suit as im now living in a car, jobless lost my home.because of her lying as well as her office. i begged on calls i left messages to--name removed--me back for 9 weeks over 60 calls no answers..3 xs--name removed--appts made lawyer never called me,, or can i sue her for


Asked on 9/09/06, 3:22 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Lost

The workers comp judge does not have the authority to impose a fime against your lawyer and to have it awarded to you at this hearing to approve the settlement. Potentially, he could reduce the statutory attorneys' fee and have that sum go to you instead of the lawyer.

look at the paperwork that was filed regarding the settlement. You should be able to complain about the fee being awarded to the attorney. That might increase your recovery, but not by much, since the fees in workers compensation are very low.

You can file a complaint with the florida bar at www.FlaBar.org

I am glad that you were able top make arrangements to attend the hearing by phone.

Any suit against your attorney would need to be brought here in Florida and that would require at least one trip for you to make from California and possibly as many as three separate trips (deposition, mediation, trial). The expense of that travel would reduce substantially any recovery you could make.

best lof luck to you.

Alan

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Answered on 9/10/06, 2:47 pm


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