Legal Question in Civil Litigation in New York

we had a apartment fire 3 yrs ago - feb 2 2009 - the statue for filing is 1 month away. our attorney has went AWOL and not helped with anything. He has all our files, medical info, pictures, etc... what do we do. we have been calling other lawyers and no one wants the case so close to the due date. now 3 yrs later and loosing 100% of our aparment with no renters ins, please send your ideas and help... can the lawyer be sued for legal malpractice for not filing prior to the due date.


Asked on 1/05/12, 4:26 am

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. can the lawyer be sued for legal malpractice for not filing prior to the due date.

A. Yes. However, if the attorney is AWOL, a malpractice case really will not help you.

Get back your documents. If the AWOL attorney refuses to give back documents, file a complaint with the local bar association.

Find a new attorney as soon as possible. If you are unable to find counsel, file and serve a Summons with Notice against everyone that was associated with the fire (landlord, builder, etc). That will protect you from a statute of limitations claim.

Mike.

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Answered on 1/05/12, 5:09 am

In addition, you should contact your local bar association and the bar association where the attorney is located and ask for their help in locating the attorney.

Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 1/05/12, 7:28 am


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