Legal Question in Legal Malpractice in Ohio
Sitting on a case
I had a lawyer he was refered to me by my lawyer. They work in the same office so I trusted the lawyer. Well I signed all the papers needed to get things rolling. He takes the case. Through time he sends very few letters letting me know anything about the case. One letter was telling me that I would have to pay my doctor for her testamony in court by the hour. Then the others weren't much of anything. Then me thinking he is doing something and the way peopole telling me that it takes time for most law sutes to go thorugh I sat patiently waiting. Then he calls me the day the statue of limitations were running out saying that there isn't anything that he could do. So I had a friend of mine that called and threatened he had better do something. So he puts in for a short extention. But the question I am wondering is that if that lawyer is at fault for sitting on that case doing not much of anything in progress and if he can be held accountable for it and if so what would it be. Thank you for your time and any effort.
--name removed--
1 Answer from Attorneys
Re: Sitting on a case
If your lawyer delayed in investigating your case and failed to take reasonable action to protect your interests he may have violated the Code of Professional Responsiblity that my subject him to discipline for neglect of a legal duty, prejudicing your interests and a number of other violations. You can contact your local bar association to file a grievnace against that attorney. A violation of the Code is not the same as malpractice as you must establish damage caused by his neglect. If your case was weak and he knew it, he should have told you from the beginning or once he finished his initial investigation. If you have a case and he delayed but eventually obtained an extension and you can still pursue the claim by hiring another lawyer you may have suffered no actual damage other than a delay in proceedings which would not consitute enough of a basis to pursue the attorney. I do not know enough about your case to give you any more information at this point and hope this helps you at this point.
Good luck
Howard Mishkind
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