QUESTION

can you sue your attorney before the case goes to trial

Asked on Jan 19th, 2016 on Legal Malpractice - Kentucky
More details to this question:
my husbands attorney was suppose to have sent subpoenas to facebook. I contacted facebook and they told me that it would take 2-4 weeks. My husband has been in jail for over 3 months and the attorney claims he sent the subpoena out the middle of October of last year. Nor has he gotten my husbands witnesses. The trial is March 9, 2016.
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1 ANSWER

Personal Injury Attorney serving Cincinnati, OH
2 Awards
The easy answer is "yes." However, once you sue the lawyer, the lawyer will have good cause to withdraw from your husband's case.  Your husband will likely need to get a new attorney and the 3-9-2016 trial date will likely go away.  Depending on the court's schedule, a new trial might not be scheduled for 60 days or longer. Also, depending on the judge, the lawyer's motion to withdraw could be denied. I am not saying that you should not raise these issues with the lawyer and demand answers.  Your husband is entitled to competent defense. I recommend demanding a meeting with the lawyer and your husband and ask for documentary proof rom the lawyer as to what has been and not been happening.  Once you have answers, then you can decide how to proceed.
Answered on Jan 22nd, 2016 at 1:36 PM

Answers do not constitute legal advice and do not create an attorney/client relationship. Call to discuss your particular legal needs.

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