Legal Question in Disability Law in California
case dismissed for lack of prosecution
I was involved in a housing discrimination case. I have an attorney. We agreed on a settlement amount days before going to jury trial. Our attorney asked us to sign an aknoledgement of Settlement and we did, we were the Plaintiffs. On that acknoledgement of Settlement it said that all parties agree that after the settlement agreement is going to be sign a notice of dismissal of the entire claim will be filed with the court.
I just checked on line the case summary and I see that the case has been dismissed for lack of Prosecution. We didn't sign any settlement agreement besides that acknoledgement form and we got no money.
Is this customary? Or the attorney took our money? Please help!!!
4 Answers from Attorneys
Re: case dismissed for lack of prosecution
Ask your attorney. A case can be dismissed and the attorney can put back on calendar for the dismissal. But you better find out
Re: case dismissed for lack of prosecution
The settlement terms are enforceable, and the fact that the case was subsequently dismissed does not alter the enforceability. The issue may be however whether the "acknowledgment" contains all the bare essential terms of settlement. It is ordinary to follow a "memorandum of settlement" with a full formal agreement. It is unlikely your attorney took your money, because the paying party would put both your names on the check. I suggest you get clarification from your attorney on the matter before assuming the worst.
Re: case dismissed for lack of prosecution
If what you are saying is true, you have one year to file a lawsuit against the attorney for fraud and legal malpractice; and you could also file a complaint with the State Bar of California, www.calbar.ca.gov .
One first step would be to have another attorney write the first attorney demanding an accounting of funds received and the return of your case file, which is your property.
Re: case dismissed for lack of prosecution
Sounds like a problem where are you located.
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