I am sorry to hear about this. The first thing I would do is write your current attorney a letter. Advise him that you have not heard from him in x amount of time and you have been dissatisfied with his services. Ask him to contact you immediately. If that route is unsuccessful or if you wish to hire another attorney, first you will need to get your current attorney off your case. If a lawsuit is filed and pending, the attorney may have to get permission from the Court to withdraw from your case. Sometimes the Court doesn't allow this. It all depends on the stage of the case and how complicated the matter is and whether it will cause undue delay or harm for you to bring in a new attorney. If you decide to go that route, I again advise you to write your attorney a letter and inform him that you no longer want him associated on the case and would like him to send you a complete copy of your file. Please note that your attorney could (and likely may) charge you for the time he has put in the case if. Even if you are dissatisfied with his work, he is likely entitled to be paid for it. The contract you signed with his office will likely outline such. And even if it doesn't, he might still be entitled to payment as quantum meruit. Also, you might have difficulties finding a new attorney. If the lawsuit was filed before the SOL ran, then yes, you likely tolled the SOL. However, since you are unaware of the status of the case, it could be closed, and time for an appeal could have ran out. Furthermore, even if the case is still ongoing, it might be difficult to find another attorney who can jump into the case right away. Judges usually only give parties 30 days to find another attorney and that may not be enough time for a new attorney to become familiar with the case. With all of that said, I recommend you try and work it out with the attorney. Maybe even drop by and hand deliver a letter. Finally, if you would like more or additional information, check our your State's Bar Association webpage. They can help you with disputes with your attorney. The link is: http://www.wisbar.org/forPublic/IHaveaDisputeWithMyLawyer/Pages/i-have-a-dispute-with-my-lawyer.aspx. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Nov 13th, 2013 at 9:59 AM