Legal Question in Family Law in Maryland
''malpractice''
How do I file a law suit against my attorney who has purposefully failed to represent my interest? How do I file an ''injunction'' to prevent proceedings to continue until my motion for a change of ''venue'' is heard. Can you refer me to a very competent lawyer who will aggressively prosecute my case and not get in bed with the ''brothers of the bar'' in the MD Court System which has violated my Constituional Rights and my Civil Rights?
1 Answer from Attorneys
Re: ''malpractice''
If you have filed a motion for a change of venue, it should be heard before any further action is taken in the case, unless there is an argument that delay would cause irreparable harm to a party. Have you asked for a hearing on your motion? The court doesn't have to have a hearing unless you ask for it. As for a suit against your attorney, you will need to hire another attorney to represent you in a malpractice suit. Unless you are in a high population area, you will probably have to go out of the area, to another county, to find an attorney who will take the case. Furthermore, no sensible lawyer will take the case unless you have a strong case, with good evidence that the lawyer violated his obligations to you and caused you harm as a result. Another action you could take, if your lawyer violated the Maryland rules of professional conduct, would be to file a grievance with the Atorney Grievance Commission. That would not produce any award of damages to you, but would put the lawyer, and the rest of the bar, on notice regarding conduct which is unacceptable. You have not indicated the nature of the alleged malpractice by your attorney. A malpractice case is always hard to win, and you must show either negligence of malice on the part of the lawyer and damage to yourself. In almost every case which is litigated in the courts, one party comes out feeling unsatisfied with the work of his lawyer, and often clients feel that their lawyer has sold them out. My experience is that does happen, but almost never.