Legal Question in Legal Malpractice in Utah
In 2/07 my Dr prescribed the wrong dose of my blood pressure meds (he tripled it), & I suffered a severe hypotensive event that has left me w/severe cognitive, neuro, & endocrine issues & have totally devastated my life in every regard. In 2008 I retained an attrn who is a senior partner at the largest firm in the state. Due to inaction on his part the court ordered a timeline & depositions were to started by the end of 2/12. Thruout Feb I finally felt like I had an attorney. On Feb 20, 2012 he showed up at my house w/out warnining & said he couldn't find an expert witness & was filing for my case to be dismissed w/out predjudice & was withdrawing as my attr. For over a yr I had requested a statement of his costs.I finally got the 31 page $110k statement! 25pgs was for making copies (his rate was $310/hr). Out of pocket expenses were ~$1000, the rest was his time. He never paid an expert to even look at my records. I have since learned of numerous lies he told me about the progress of my case. I know his actions have severly predjudiced my case not to mention that it has been 5yrs since my overdose. I need to retain a new medical mp attr very quickly & I also want to sue for legal mp. He's very well know & I've been getting a cool reception when I've contacted other firms. Should I get one firm to handle both cases & how do I find a firm that is willing to take on one of their own? Since the clock is ticking on my case being dismissed forever, any advice would be greatly appreciated.
1 Answer from Attorneys
You must stop him from dismissing your case, otherwise you may have a statute of limitations problem. He may be able to withdraw, but should not dismiss the case, especially without your approval. However, if he caused your case to be dismissed and you were unable to proceed because of statute of limitations problems, you can sue the lawyer for your damages.
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