Legal Question in Personal Injury in New York

I was involved in p.i at a property. I was called for a depo. Prior to the depo my atty told me some thing such as don't volunteer information and only answer the question, don't be helpful just truthful and if the defense atty want more info he will ask. Very general instructions to a client for a depo.

At my depo the def. atty forgot to ask certain question. One particular question that often comes up in these type of cases is: why didn't you see the defect that caused your injury. I'm not sure if the atty forgot or he purposely didn't ask it.

After the depo I asked (via email) my atty; if he could use the argument of why I missed the defect. He said he could have used it if I mentioned it during my depo. Kind of puzzled by this answer; but i trusted his answer and figure he knew what he was doing.

Later on in the case; we discussing(via email) about accepting or not a settlement. I asked him again about this. He surprising came up with another answer. This time he said that the argument wasn't valid in New York which isn't true.

I replied back asking him if he was telling me everything and he replied back saying he is offended and that I have two choice: accept the settlement or he will walk as my atty.

At this point; I knew if would be difficult to find an atty to rep me after the NOI has been filed and so late in the case. The atty failed to tell me that the courts would be involved in the withdrawal process to make sure no prejudice is done to the client. This should have been explained instead of making the client feel they are back into a corner. The ultimate decision is the client's and the atty. took that away from client painting a picture of client being in a bad situation if he didn't accept. He used his knowledge not to help the client but to take advantage of the client and knowing the client's lack of knowledge. That would be the whole point in paying and hiring an atty for their knowledge.

I feel he knew that he made a mistake by not presenting the argument but instead of telling the client he made a mistake which might have been a cause for a discharge he lied to the client saying its not valid; than threaten to walk away from the case if the client didn't accept once being asked if he was telling the client everything.

It's unfair that an attorney is getting paid and profiting from such service. The lawyer as a fiduciary duty to the client. He shouldn't have lied and shouldn't coercion a client into settling when the decision is the client. The process should have been explained so the client would have been able to make a decision. Placing fear and pressure is uncalled for in my opinion. Seems like he lied to cover his mistake and force the settlement in order to cover his mistake and to collect his fees.

I have been looking up disgorgement of parts of the fees paid and breach of fiduciary duty. I have found out that damages doesn't have to be proved when only seeking disgorgement.

The problem I have is that the case is too big for small claims and the case is too small for a law firm to take. What can I do in this situation? Should I try to mediation? Some said to try a pro se litigant representing yourself, how difficult is this? Can legal aid help in this situation?

Thank you for your time and help in advance.

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