Legal Question in Legal Ethics in New York

Attorney Resposibility

Due to complications of routine surgery my husband and I decided to sue the Dr. for Medical Malpractice. We were referred to a Med.Mal. attorney through another lawyer that we know. About a year before the trial (which was just held and we lost) the attorney we began with gave the case to an associate who is not even a member of the firm since he felt he was too busy or would be too busy when the case came up for trial. As it turned out we met with this lawyer once 11 months before the case even came up, we were notified about going to court 8:30 the night before and we lost. When we questioned the lawyer we began with he said his heart was always in our case, but it was just not possible for him to do the trial. I felt from the start he was a better attorney than the 1 he gave us and now that we lost I am more than disappointed. Is it common practice for a firm to take a case than give it away? Can he do this to any client? Why are cases taken if the attorneys are too busy? Please let me know any recourse if any that we have.


Asked on 12/01/00, 11:51 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Attorney Resposibility

It is not uncommon for lawyers to refer cases to associates outside the firm. If you did not object at the time, you probably have no complaint about that now.

I am more concerned with your statements that (1) you saw the lawyer who presented your case only once 11 months prior to trial, and (2) you were notified of the trial only hours before it commenced. It is impossible to present a viable case under such circumstances.

If these are the facts contact your local bar association and file a complaint concerning the lack of trial preparation delivered by the lawyer presenting your case.

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Answered on 12/04/00, 8:25 am


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