Legal Question in Legal Malpractice in Massachusetts
too late to find another attorney?
We currently have a legal malpractice case with an upcoming trial date set for next month.
Our attorney has become increasingly reluctant to pursue this case to trial if necessary. We fear she may have a confict of interest. She has admitted to us she does a significant $$$ with a business affilliation of the defendant. We have a contingent fee agreement with our attorney.
She mistates and dismisses evidence that has come out through discovery and depositions. We are afraid she cannot or will not remember (selective memory) the simple details of our case and therefore is in no position to negotiate or argue this case at trial on our behalf. We are confident we have a very strong case and we are willing to take this case to trail if necessary.
Obviously there is much more to this than we can write in this forum.
Is it too late to find someone new? Or are we now stuck with her incompetance?
2 Answers from Attorneys
Re: too late to find another attorney?
I agree with Weicker; You need to schedule a meeting with yur counsel and not only air your concerns, but have your lawyer discuss in detail in relation with the defendant, directly or indirectly, that could or would interfere in the ability to advance your position. That you are posting the question details your grave apprehensions, the next step is investigation, if there is time, or bring this conflict or problems to the attention of the court.
Re: too late to find another attorney?
Your ability to find counsel at this date may be hampered by the pending trial date. That said, if you believ that your attorney has a conflict of interest, you may wish to aske her to recuse herself or to have the court grant an extension of time to seek new counsel.
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