A Receipt, Release and settlement agreement was entered into via mediation in March of 2005. As a remedy of the default the attorney was suppose to notify the defendant of the default and impose late fees in which he failed to do on numerous occasions over the past 2-43 yrs. . My attorney also, collected fees related to the case since 2005 however would not impose default remedies of the agreement including imposing late fees due. The attorney resigned from the case when asked to impose the remedy of default relating to the filing of a Confession of Judgment as a remedy of default, per the settlement agreement, because it would be too costly for his firm to pursue as he is now a sole practitioner. The attorney will not tell me if he intends to pursue the collection of his fees he feels is due to him per the settlement agreement. When asked he said he does not know. The attorney has failed to produce a copy of my entire file which was requested over 30 days ago. His latest response in an email to me dated 5/5/09 was "You are entitled to a copy of your file, however, as I stated to you, I am still looking for it. If I don’t have it, then it is with Attorney A. The only thing that I have retained in my office is the key to the safety deposit box where the videotape, etc. is located. I worked this weekend attempting to find it. I still have a couple of places to look. I seem to remember the most of the important documents were in the safety deposit box. I have also tried Richard and did not get an answer.” MY attorney has been advising me on my case for the last few years without having the contents of my file or a copy of the agreement, which has very strict provisions that must be adhered to. I provided a copy to him via email today, 5/5/09. My original agreement was with a firm A in which he separated from and maintained the management of my file without my consent. Firm A was hired for their emphasis in personal injury and the file was then assigned to My Attorney. My attorney informed me today via email that the only portion of my file he has retained or is able to located is the key to the “evidence box”, aka, safety deposit box. I have confirmed with Attorney A that they do not have my file.

I believe there are several ethics violations and violations of HIPPA what recourse do I have? He has also cost me the remainder of my settlement because the Dr.s license is now suspended and he failed to look into whether he had any assets when I asked. And without the file I cannot reproduce the contents since one of the other Dr.s involved in my treatment is now in federal prison for FDA records violations.

"My Attorney and the attorney refers to the attorney whom I wish to file suit against."

Hello Jane:

I think you've got a case. Go visit another attorney.. Shop well this time.

excon

Sounds like a pretty good case, although finding an attorney that will sue another attorney may be harder.

Also the other attorney will know how to drag things out for a long time, so the case could become expensive

Can an individual sue their disability insurance company through an employer for being the cause of delayed payment in claim and in return causes the insured to lose everything they had worked hard to earn? They insurace company also cause the insured medical condition to worsen, become homeless, have to relocate 2x and they still delay payment once again after last payment. Can consumers/insured file lawsuits for such?

Hello sunset:

Sure you can sue. Go visit an attorney. I don't know if you'll win, but you can sure sue.

excon