Legal Question in Legal Malpractice in Kentucky
Can I Sue my lawyer for not showing up to my court date and then he dropped me
1 Answer from Attorneys
Depends on the circumstances, and what problems, if any, his non-appearance actually caused. Hopefully he at least notified the Court that he would not be in attendance, which is the proper thing to do when a conflict arises. If that's what happened, then no, you would not have cause to sue. Also, generally if your attorney misses court, even if it was a screw-up on his part, you can explain to the judge the situation and often get the matter passed when you can return with counsel. Calendaring mistakes happen, and sometimes attorneys have hearings that run over in one court that make them late for an appearance in another court. Or sometimes you're on your way to court and your car dies. Generally, the Court will not hold that against the client because the attorney could not make it there.
But, hopefully, your attorney has a reasonable and honest explanation for why he missed court (even if it was, "Oops, I forgot"), and sought to make it right with the Court, before he withdrew as your counsel. If not, then I would suggest trying to work things out with him, asking him to make things right, perhaps a refund of fees, or compensation for having a new attorney fix what he messed up (if anything) by not appearing, or even just a better explanation of what happened. If that doesn't work, then as a last resort, you can file a complaint with the Kentucky Bar Association and seek counsel to sue him for damages if you had any.