Legal Question in Civil Litigation in Missouri

This case is in Jefferson County, MO.

My mother, my husband, and myself purchased a house together in 2006. We were all on the deed and the mortgage. In April 2007, my mother demanded that my husband and I move out. Although we knew she had no right to do so, we did vacate rather than live with the "hell" she was causing with us. From November 2006 to (and including) April 2007, my husband and I paid every mortgage and utility bill that was incurred, including the escrow money paid to the mortgage company as part of our mortgage payment.

Needless to say, a lot of fighting incurred between the parties. In October of 2007, I requested the escrow account to be closed and refunded, which was honored by our mortgage company. The check arrived and had only my name and my husband's name as the payee. My mother's name was not on the check and she had no knowledge of the request to close the account. We cashed the check.

My mother then sued me and my husband, and named the mortgage company as a separate defendent. I hired an attorney to advise. As I did not pay the entire escrow refund amount, I settled with my mother and paid her back. A settlement was drawn including a clause that she could not claim further damages against us.

My mother did not drop her suit against the mortgage company. In turn, the mortgage company named us a third party defendants and brought us back in to the proceedings. Her basis of the suit is that her name was not on the check and not notified that a refund was issued.

We were scheduled for deposition today, requested by the mortgage company's attorney. My mother did not show up. Because hers was the first one scheduled, they cancelled the entire deposition. I was not present, however my attorney was. It is unknown at this time if her attorney was present.

I actually have a couple of questions here.

First, shouldn't my attorney have protected me from being a third party defendant in the first place? It seems almost like malpractice, This should have been covered in the original settlement with my mother.

Second, because she did not show for her deposition, shouldn't this automatically be dismissed?

I don't have much confidence in my attorney, even though he came highly recommended. I have so much money paid to him at this point, I'm not sure if it would be beneficial to switch attorneys this late in the game.

I sincerely appreciate any information or advice given, as I am truly at a loss.

1 Answer from Attorneys

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