Legal Question in Legal Malpractice in New York
I am a plaintiff in Medical Malpractice case, which is already 4 years in the making. In 2007 I hired medical malpractice attorney (small law firm, one trial attorney, one associate and one paralegal secretary). Law suit was filed against doctor, who performed two eye surgeries on me, and hospital, where surgeries was done, resulted on total blindness in one eye.
During last 16 months trial date, jury selection was set and adjourned several (5) times. Each time I received a letter from my attorney, stated trial date was postponed due to normal court proceedings and he reassured me that he is doing everything he can to my satisfaction.
Early this year my attorney suddenly filed a motion to withdraw as a counsel (did not bother even to inform me about it), suggesting to a judge to give me enough time to find new attorney. Incidentally, during last 4 years defense did not filed single motion, not for summary judgment, not to dismissed a case, not for anything else.
From the letter I obtained from defense, complaining to a judge about my attorney I have learned that it was my attorney, who caused all the delays and adjournments in my case due to engagements in another trials in different counties. I have learned that there are over 100 still active cases on my attorney's calendar, including mine, handling by my attorney, including about two dozen open cases, some started 6 years ago.
As I mention above, defense wrote a letter to a judge (not even filed a single motion), asking to dismissed my case with prejudice against me. Incidentally, in January 2009, three years ago, my attorney signed stipulation of discontinue with prejudice against hospital and again never informed me about it.
Questions: Anything I can do about it, such as to file law suit against my attorney for legal malpractice?
And, since my medical malpractice was taken on contingency basis, am I liable for any expenses occurred by my attorney to prosecute my case (he withdraw as counsel, I did not fired him)?
1 Answer from Attorneys
Your legal malpractice case is not ripe. It is obvious though that the attorney either has too much on his plate or has not been able to find an expert to testify in your favor. Maybe he is hoping for a settlement? In any case he is not for you. Call my office and let me see if I can help you.
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