A medical malpractice attorney almost always needs to see the medical records prior to determining if they can help you with your case and represent you. It would depend more on the circumstances regarding whether or not this is legal malpractice. Eight months does seem like a long time to determine whether they were going to represent you but other factors may come into play. For example, if the attorney had to request and wait on your medical records (that can often take a month or more). If you would like to make a complaint against this attorney you can likely file one with your state bar association. They will then investigate the situation and take further action if needed. Often you can even file a complaint anonymously. However, different states have different rules regarding these issues.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Jan 03rd, 2012 at 9:35 AM