QUESTION

What can be done about an ineffective assistance of counsel?

Asked on Jul 29th, 2013 on Personal Injury - Louisiana
More details to this question:
Refuse settlement demand and was told by counsel that case would not go to court. I’ve waited 15 months along with frequent dr. visits and numerous treatments one importantly was chiropractors visits, defendants refuse to pay for further treatment by accepting partial liability. Attorney informed me of case not going forward because of some legal deadline, in which I know of none. Can I still challenge this action?
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10 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Not very clear what your problem is. See a good lawyer to review all the facts. It is obvious you and your lawyer don't understand each other.
Answered on Jul 31st, 2013 at 8:09 PM

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Ronald A. Steinberg
i would suggest getting a second opinion. In order for that second opinion to have any value, the second lawyer needs to review the entire file. I can think of several reasons for things being at a standstill, any there may be reasons that I cannot think of because of a lack of information.
Answered on Jul 31st, 2013 at 10:45 AM

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I am unclear as to what occurred. The court rule, often not followed, is that the case should be resolved within one year of filing. But that does not prevent the case from going forward, but rather te exact opposite. If your attorney is dragging his feet on the matter then you should seek other counsel, but first have him explain in details that you can understand why he is handling the case in that fashion.
Answered on Jul 30th, 2013 at 11:15 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If your lawyer has filed a case, your lawyer may not withdraw from representing you unless you so agree or he/she files a Motion with the Court, with notice to you, and the Court allows him/her to withdraw. If your lawyer simply drops your case without your consent/court approval that is a breach of the Michigan Rules of Professional Conduct and you should file a Grievance against the lawyer with the State Bar. If your lawyer has not filed a case, but is only making a claim, then depending on the Contract/letter of understanding you have with your lawyer, then he/she may be able to stop handling your case. You will need to read your contract/agreement/terms of representation to see what rights the lawyer has to terminate your representation. If the lawyer breaches those terms, that is also a breach of the MRPC, for which you should file a Grievance. However, if your lawyer is within his/her rights in dropping you as a client, then your only recourse is to hire new counsel. If on the other hand your lawyer simply blew the Statute of Limitations and didn't file your case by a deadline, then that is legal malpractice and you can grieve your lawyer with the State Bar and also find a lawyer to sue your lawyer for legal malpractice (although there would have to be an analysis of whether the standard of practice was in fact breached and what your damages were and whether such a case in economically viable).
Answered on Jul 30th, 2013 at 9:41 PM

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Arbitration & Mediation Attorney serving Ann Arbor, MI at Blaske and Blaske PLC
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Ineffective assistance of counsel is the term used in criminal cases. It sounds like you have a civil case, but it's unclear whether your lawyer has filed the lawsuit, or if your lawyer has been engaging in pre-suit negotiations. What kind of matter is it? (Car crash, slip and fall, something else) Has the lawsuit been filed? What deadline does your lawyer say exists?
Answered on Jul 30th, 2013 at 9:40 PM

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Motor Vehicle Accidents Attorney serving Van Nuys, CA at Law Offices of Andrew C. Sigal
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You should file a complaint against the attorney with the State Bar.
Answered on Jul 30th, 2013 at 9:40 PM

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Thomas Edward Gates
Without your case facts, I do not know whether you can still challenge this action. You need to know of when the statute of limitations runs out. You can request your case file from your attorney and retain separate counsel to assist you.
Answered on Jul 30th, 2013 at 9:40 PM

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Ineffective assistance of counsel is a criminal law theory, not one used in civil cases. In civil cases the legal theory is legal malpractice. It sounds like the deadlines ran and that is about malpractice. Ask for a copy of the file and then find a lawyer who handles legal malpractice claims.
Answered on Jul 30th, 2013 at 9:40 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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The information is incomplete. Who refused the demand, you or your counsel? If it was you, was it against counsel's advice? 15 months is not a long time for these proceedings and you would have had to had the treatment anyway. There is no such thing as accepting partial liability. There is more than one type of "legal deadline". Get your complete file from your attorney and bring it to another, who can answer your questions. You might not be able to challenge the dismissal if there was one, but you might have a legal malpractice claim on your hands.
Answered on Jul 30th, 2013 at 9:39 PM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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You have absolute right to have another attorney look at your case. Maybe there are problems with your case which make it impossible to win in court etc.
Answered on Jul 30th, 2013 at 9:38 PM

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