Legal Question in Wills and Trusts in Missouri
Attorney Misconduct
I have a case pending in probate court and a lawyer who will not return my calls. Every action taken has been by my brother's attorney. My lawyer was there for my depisition and he did file the case but that is all. My brother is the defendent for undue influance, not me. My question is, how do I get my lawyer to start working on this case (it's been 2 years). THANKS!
1 Answer from Attorneys
Re: Attorney Misconduct
Tell the attorney (in writing) that you do not understand the reason why you haven't seen more progress in the case. Tell your attorney that you are dissatisfied with the service you have been getting from them, and that you will fire them if you do not get reasonable responses to your requests for information. If your attorney does not respond within a few weeks, fire them, and get an attorney that you sense you can trust to keep you informed.
You have not stated what County this estate is in, and what the issues at stake are, except to say that your brother has been accused of undue influence. It may be that there is nothing for your attorney to do at the moment, as the issues may need to be resolved first. It has been my experience that probate estates take much longer and more forms than most people suppose.
Your attorney may not be remiss in not being more active, but if you have stayed current on your payment of fees, they should respond to your requests for information periodically. How often that is varies with the case.
Good luck,
Tony Smith