Legal Question in Personal Injury in Florida

Do I have a case for legal malpractice

When hiring attorney he said my case was open and shut until I would not settle for an amount that I knew would not cover my medical bills he then told me he was closing my file and would not represent me anymore he then filed a motion of voluntary dismissal without predjuice also he wrote aletter stating that I fired him as counsel which was not true after calling him about the matter he said he would take care of that letter and file a motion for continuance and withdrawal of counsel at the hearing he could not give a good explanation of why he tried to dismiss my case without my consent or why he wrote a fribulous letter and why he walked out on me days before trial the judge at hearing told him he put me in a bad situation that I owe him nothing now im back to square 1 need help with case which i took car to be alighned and balanced 5 minutes later from picking up car rim and tire came off causing neck and back injuries what can i do?m


Asked on 11/16/07, 11:52 pm

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

Re: Do I have a case for legal malpractice

From the information that you posted, it appears that your case was reinstated and/or that the four year statute of limitations for such a claim in Florida has not expired. If so, then you do not have a claim for legal malpractice. Regardles of what your lawyer says at the beginning of the case (when he is trying to "get you" as a client), he can almost always withdraw from the case if he so chooses. His contract with you almost certainly contains a provision that allows him to withdraw.

At this point, you need to find a lawyer to handle the case. You are back to square 1, as the judge indicated, but you still have your case to pursue.

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Answered on 11/17/07, 8:57 am


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