QUESTION

What do I do when my Attorney refuses to act in my case?

Asked on Sep 15th, 2014 on Employment Contracts - Texas
More details to this question:
21 months ago I signed a contract with my Attorney. We were scheduled for a hearing to determine the decision on a request for Summary Judgement. My Attorney, as well as the other side decided they would not show up for the hearing (they were both busy) and allow the Judge to make his decision on his own. Needless to say, he gave the decision to the Defendant. Many months later my Attorney decided to file an Appeal. He didn't follow up on that so when it was dismissed he decided to file to the first Court asking that it be heard again (the Summary Judgement). Now he wants me to wait another 4 months for him to file this. His reason is that he has many criminal hearings to take care of and after that he will focus on the Civil cases. This seems to be the excuse each time I address my case with him. Two years. Please advise on what a person can do at this point.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Your question is chocked full of issues and a number of unclear variables.  My answer here is very general and could be incorrect if certain assmptions are not correct. IF the summary judgment was final as to your case, that is, it decided all claims asserted by all parties, including any counterclaims the defendant may have asserted against you, then you had 30 days from the date that judgment was signed to appeal that decision to the court of appeals for your area of the State, unless your attorney, before that 30 day period elapsed, filed a motion for new trial in the trial court, which would extend that appeal deadline to approximately 75 days.  IF the appeal was timely filed and your attorney failed to pursue it, it is highly unlikely that the original trial court has any power to do anything further in the case. IF the appeal was not timely filed, the same outcome is probably true. IF the trial court's judgment did not dispose of all claims by all parties or if the court granted a motion for new trial, then its jurisdiction to continue to act on the case and its power to change its mind as to the original partial summary judgment likely continues. Your best bet for figuring out where you are in the case is to hire another attorney (try www.martindale.com  or www.tbls.org looking for either an appellate attorney or one who specializes in the subject matter of your case) to examine the court's file.  In the bigger counties, the file may be available online.  I know that sounds like a giant undertaking, but many attorneys will accept a limited engagement where, as here, their only job would be to review the file and advise you as to the status of the case. You should expect to pay for 1 to 3 hours of their time, depending how difficult it is to get the file and how voluminous it is. If you authorized and agreed to pay your original attorney to pursue some kind of post-judgment proceedings and he failed to do it and his time for doing so has expired, you may need to seek the advice of a malpractice attorney to determine whether you have a claim against your original attorney. If the trial court still has jurisdiction over the case and the attorney is unreasonably delaying in pursuing it, you should probably seek a new lawyer. Good luck.  
Answered on Sep 16th, 2014 at 7:23 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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