New York Legal Ethics And Professional Responsibility Legal Questions

If your attorney had a $30K offer to settle your case that you turned down, the attorney would be entitled to a one third legal fee by statute when your case ultimately settles, unless you could prove legal malpractice or failure to work the case resulted in the case being worth less than it should've been. Did you get another attorney and if so, Is the case still in litigation or has it settled? Personal injury attorneys don't necessarily take on legal malpractice cases, so you can't assume your current attorney will handle this aspect of your case.... Read Answer

Prepare the following information: Title, Court, & Index Number of the prior lawsuit that you settled. Name of your & contact information of your lawyer that settled the case. A list of things you believe your prior lawyer did wrong. A copy of the settlement agreement. Then find an attorney on Martindale.com or Avvo for a consultation to discuss the apparent errors. Many lawyers like will be happy to offer a free initial consultation to assess your rights. I'm in Mineola, NY.  Matt Bryant matt@nyrightslaw.com ... Read Answer

Your husband's attorney should be making a motion to have your former attorney relieved as counsel for your husband's ex, due to the conflict of interest you describe. Moreover, unless your wealth is common knowledge ("but judge, he's married to Jayne, the woman with the solid gold Cadillac who was profiled in People magazine!") it was a serious ethical violation and a breach of attorney-client privilege for your attorney to discuss your assets in court in an adversarial proceeding in which you were not a party. You should file a complaint against your former attorney to the disciplinary committee of the local appellate division where the attorney is located.   ... Read Answer

A Section 32 Waiver Agreement is a negotiated settlement taken in the form of a lump sum payment or annuity that is an alternative to receiving future payments for ongoing care. In a situation such as yours, where you lost your leg and assumedly need little if any further treatment, it may be a good choice- although clearly your lawyer was not a good choice. You need to immediately hire a new lawyer to communicate with your current lawyer, and take over your case. You have the right to switch attorneys any time. Once the actual status of your case is ascertained (it's not clear from what you wrote whether the lawyer is in possession of your settlement money or whether the case is in the middle of settlement negotiations) then the question of legal malpractice can be sorted out. If your case is still viable, it may not be a malpractice case.  While you are free to hire and fire attorneys as you choose (although you may be responsible for compensating more than one attorney if you do so)  an attorney may not simply abandon an active case. Unless the attorney is fired by the client, in most cases an attorney may not stop working on a case without making a motion to be relieved as counsel and getting a court order.  ... Read Answer