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-   -   Attorney-client relationship (https://www.askmehelpdesk.com/showthread.php?t=351270)

  • May 8, 2009, 07:52 AM
    Greg Sanders
    Attorney-client relationship
    1- I have an Employment Discrimination case pending in Court. As of today almost all discoveries including the Interrogatories and request for Production have been done by me, the Plaintiff and by the Defendant.
    2- I had a contract for just few days in November 2008 with a Law Firm where their Attorney Mr. D represented me in their behalf but he quit his job. Mr. D promised me verbally that he will take over my case even if he did not work for that firm anymore.
    3- In December 2008, Mr. D. opened his own Law Firm but No contract was written between his Firm and me.
    4- On or about March 6, 2009 Mr. D. told me that he had a very serious business financial problem which almost put his practice out of business and almost jeopardized my deadline to answer the Defendant’s Interrogatories and request for Production. I contacted Mr. D. several times to his cell phone, business phone (which is an unlisted phone number), and by email and I did not receive any answer; Mr. D. was no where to be found. However, on March 12, 2009 Mr. D. helped me finish the discoveries, but he also told me that he may not be able to help me in the future because he had a financial business problem and he does not know the outcome of it.
    5- Currently, Mr. D’s business phone number is still unlisted; nobody answers it, and does not take messages. I left several messages to Mr. D’s personal cell number but no phone calls have been returned to me. I drove several times to his office, but I never seen his car parked in the parking lot.
    6- On April 24, 2009, Ms. Lady who works for a business next to Mr. D’s office called me and asked me to come over to her office to pick up the Defendant’s answers to my Questions for Interrogatories and Request for Production to Defendant.
    7- In the past, I made several requests to Attorney D. to write a new representation contract, but a contract has not been written nor signed. Currently, I do not have a legal representation contract with Attorney D. or any attorney.

    The time is essence and I need an Attorney to represent me in court for my case. If the reasons listed above are enough to enter a mistrial or to enter a judgment then I need an advice or an Attorney to help me with that.
  • May 8, 2009, 08:05 AM
    excon
    Quote:

    Originally Posted by Greg Sanders View Post
    The time is essence and I need an Attorney to represent me in court for my case. If the reasons listed above are enough to enter a mistrial or to enter a judgment then I need an advice or an Attorney to help me with that.

    Hello Greg:

    The reasons above are grounds enough to get you a postponement. It wouldn't help anybody get a judgment, and you haven't had a trial yet, so there wouldn't be a mistrial.

    Your problem is simple. You need to hire a new attorney, and I'd do it today.

    Do you have grounds to sue Mr. D? I don't know, but I'd take care of one lawsuit at a time.

    excon
  • May 8, 2009, 11:25 AM
    Greg Sanders
    Thank you, excon. Your answer made me understand what I must do.
  • May 8, 2009, 11:39 AM
    Fr_Chuck

    And why have you not long before, fired this attorney and hired a new one is beyond me.

    I would also report this behavior to the bar association

    But your new attoreny will have to ask to keep this continued till they review the case.
  • May 8, 2009, 02:51 PM
    Greg Sanders
    I did not fire him for two reasons:
    1. I am unemployed for 2 ½ years and I could not and I still not afford to hire an attorney to work on contingency fee except Mr. D.
    2. I always thought that there must be something good in this guy (remember Darth Vader in Star Wars?).

    I made a motion to the Court in which I asked for an Attorney referral and I explained in detail my reasons. I am still waiting, maybe the Court will help me find one.

    Thank you for your answer. Again, you guys are very helpful.

    Greg
  • May 12, 2009, 11:28 AM
    Greg Sanders
    I need an Attorney
    I have an Employment Age Discrimination case pending in court and filed based on EEOC’s Letter with the Right to Sue and Determination Letter of the case. I am unemployed for 2 ½ years and due to financial problems I cannot afford to hire an Attorney. My former Attorney accepted to work on contingency fee but he is no longer in business. As of today almost all the Discoveries including the Interrogatories and the Request for Production are done by me the Plaintiff and the defendant. Can anyone help me locate an Attorney who will be willing to represent my case in Jacksonville, FL and work on contingency fee?
  • May 12, 2009, 11:30 AM
    JudyKayTee

    Call the County Bar Association and ask for referrals. In NY your Attorney cannot simply walk off the case - he/she has to find someone else to take it over.

    Is that not the case in Florida?
  • May 12, 2009, 12:15 PM
    Fr_Chuck

    Yes, unless that attorney lost their license, they can not merely leave you without replacement counsel.
    I would report that to the Bar.

    But it may be a matter of picking up the phone and going down the yellow pages.

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