Ask Me Help Desk - MSJ I was unaware of

Lawyer A filed a lawsuit against my exhusband on my behalf, and then ignored communication from my ex's attorney stating they would sue US for a frivolous lawsuit if we continued; two weeks later Lawyer A dropped me as a client (she said she was too sick to continue her practice, although as of yesterday, she was still accepting new clients), and allegedly gave my case to Lawyer B. Four months passed, and Lawyer B claims that he was never made the attorney of record on my case, and in that time, my ex filed a motion for summary judgment. ALL of the documents went to Lawyer A (someone in her office signed for them), and she never informed Lawyer B that there was such a motion. Lawyer B became the attorney of record 10 days before the case went before the judge, but claims he was unaware that the motion was ever filed, so he did not represent me at it. The MSJ was granted to my ex, and I found out all of this over a month later. Do I have any recourse here? Who is at fault here? Lawyer A or Lawyer B or both?

Incidentally, Lawyer B claims I owe him $2000 for the "preliminary work" he's already done (he read through the case file), and wants a $3000 retainer in addition if I want him to handle the current mess.

Quote:

Originally Posted by nancynied

Lawyer A filed a lawsuit against my exhusband on my behalf, and then ignored communication from my ex's attorney stating they would sue US for a frivolous lawsuit if we continued; two weeks later Lawyer A dropped me as a client (she said she was too sick to continue her practice, although as of yesterday, she was still accepting new clients), and allegedly gave my case to Lawyer B. Four months passed, and Lawyer B claims that he was never made the attorney of record on my case, and in that time, my ex filed a motion for summary judgment. ALL of the documents went to Lawyer A (someone in her office signed for them), and she never informed Lawyer B that there was such a motion. Lawyer B became the attorney of record 10 days before the case went before the judge, but claims he was unaware that the motion was ever filed, so he did not represent me at it. The MSJ was granted to my ex, and I found out all of this over a month later. Do I have any recourse here? Who is at fault here? Lawyer A or Lawyer B or both?

Incidentally, Lawyer B claims I owe him $2000 for the "preliminary work" he's already done (he read through the case file), and wants a $3000 retainer in addition if I want him to handle the current mess.

In my eyes if "A" was on formal retainer she couldn't just say "sorry" and turn the file over. She would have to apply to the Court to be relieved from representing you - or you could file a consent to change of counsel.

Attorney "B" can't be expected to defend you against or represent you in something he/she doesn't know exists. As long as "A" was not formally released and accepted the papers, "A" is on the hook here.

Of course, "A" and "B" will probably argue between themselves but I don't see that you are a part of that argument.

The Bar Association should have some interest as would a malpractice Attorney - IF you have damages and can prove them.

I believe "B" wants money up front because he/she is cleaning up after someone else (namely, Attorney "A).

Lawyer "A" doesn't have to make an application to the court if she is simply transferring the file to another attorney with the client's consent. You only need to make an application where the client does not consent to your withdrawing as counsel, and would be left pro se (without an attorney) as a result.

Lawyer B should be able to fix everything, the question is, do you want him to? In instances where a motion is granted on default (one party not appearing) you have a certain amount of time to appeal the decision, and then a certain amount of time to move to vacate the order. Courts are EXTREMELY forgiving to people wiithout attorneys.

If I were you, I would speak to both attorneys and come to an understanding as to who's fault it was. That attorney should bear the cost of a motion to vacate the decision. Then go forward and oppose the motion from there.

Quote:

Originally Posted by sideoutshu

Lawyer "A" doesn't have to make an application to the court if she is simply transferring the file to another attorney with the client's consent. You only need to make an application where the client does not consent to your withdrawing as counsel, and would be left pro se (without an attorney) as a result.

Lawyer B should be able to fix everything, the question is, do you want him to? In instances where a motion is granted on default (one party not appearing) you have a certain amount of time to appeal the decision, and then a certain amount of time to move to vacate the order. Courts are EXTREMELY forgiving to people wiithout attorneys.

If I were you, I would speak to both attorneys and come to an understanding as to who's fault it was. that attorney should bear the cost of a motion to vacate the decision. then go forward and oppose the motion from there.

"A" simply said "I'm out" and "supposedly" gave the file to another Attorney. I did not cover the second option (with the client's approval) because that doesn't seem to be the case here.

Would be interested to see if Attorney "A" would admit to "fault." Very interested.