Legal Question in Legal Ethics in Texas

lawyer not keeping client abreast of case/ not taking phone calls

My husband has a personal injury/ medical negligence case pending since 2003. His lawyer has NEVER taken any of my husband's phone calls (even tho he was told to call if he was too sick to make an appointment and they would speak over the phone or the lawyer would say he'd come to our house). The lawyer also ''cancels'' most of our appointments by being in court with no phone call from his office notifying us- so we find out after an hour and a half bus ride there- and my husband is in a wheelchair and in chronic pain! The lawyer even walked past us once as we were in the waiting room of his office and ran out the door without a word to us- he told his secretary he'd be out at a client's about 20 miles away. He never apologized or anything. When we made our last appointment that he did not cancel (last year)- he blamed his secretary for not putting our calls through- but the problem remains the same today. Aren't there Texas rules that prohibit a lawyer from this kind of conduct? This is a multi-million dollar case and we don't even know what's going on or when the statute of limitations is up- it would be shameful if this lawyer let our case fall by the wayside- we could find someone else who is more competent. Please help!!!!!


Asked on 7/29/07, 1:26 pm

1 Answer from Attorneys
Daniel Ross Ross Law Group

Re: lawyer not keeping client abreast of case/ not taking phone calls

Attorneys in Texas must keep their clients reasonably informed, must respond to reasonable requests for information, and may not neglect matters entrusted to them. These and other rules are contained in the Rules of Professional Conduct.

What concerns me even more about your situation is the fact that the medical malpractice happened in 2003, and you are asking about the Statute of Limitations. If suit has not been filed, you may have a legal malpractice claim against the attorney, because the SOL in Texas for med mal is 2 years from the malpractice date, as a general rule. If your husband�s case is worth millions of dollars, as you say, you should speak with a legal malpractice attorney as soon as possible.

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Answered on 7/30/07, 5:27 pm


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