I was sued back in 2011 for breach of contract and hired an attorney to defend me. i signed a retainer agreement and paid the attorney 1500.00. in the spring of 2012 i met with the attorney as he requested files and documents pertaining to this case and he told me he would make copies and return the originals along with a copy of his retainer. in the fall of 2012 he passed away and now i have no files or back-up for my case. the court appointed trustee tells me he can't find my files yet everything shows on the court calender- who is liable here? and how can i defend myself?
1 Answer from Attorneys
I don't have enough facts to reach a conclusion because I do not know what kind of documents you gave the attorney. If most of what was in the attorney's file can be found in the court file, then you don't need his file. If you gave him documents that were going to be used as evidence in the case, is there a way you can reconstruct that part of the file? Can you get the documents elsewhere to replace them?
I would think that the Trustee should be able to answer your question.