Legal Question in Construction Law in Louisiana
How long can an attorney wait in contacting you for a trial date. I'm being sued for a home I built about 9 yrs ago under the Home Warranty Act. I suffered a brain aneurysm 5 yrs ago before my first court date and it was then postponed. I was directed by my doctor not to be put under stress and my doctor sent numerous letters to the court judge and attorneys. When a new court date was issued I received notice about 2 weeks before trail to get prepared and get witness to my lawyer. I did the best I could but when it went to court I freaked out because I couldn't remember anything, I didn't even know the people who were suing me. I got so disoriented that I was brought out the court by people there and sent to the doctors office where he sent faxes to the judge and warned him of the harm it could cause and I should not be put under that stress again. Well 2 yrs later, today Oct. 9 2010 I received a letter from my attorney to appear in court on Oct 27, 2010. Also my attorney lost papers from the bank that I refused to sign to become an approved contractor for the bank that the home owner wanted to finance through. My reason was that when I visited the job site for the first time I saw a mound of top soil in which the house was going to be built on and I told the home owner that I was not building until soil compaction was done, he replied the mound has been here for 5 yrs. I told him he would have to contract his own home and be responsible for the foundation..Which he agreed...The document that I didn't sign from the bank never appeared in court nor did my attorney attempt to have the Loan Manager of the bank appear in court. The judge ruled that I was the contractor...Now my lawyer after 2yrs tells me that in 9 days including weekends I have to be ready to go to court.
1 Answer from Attorneys
You need to get an attorney with whom you feel more comfortable. If you feel the attorney failed to handle your case properly, you should contact the Louisiana disciplinary counsel.
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