Legal Question in Business Law in Kentucky

I am getting sued. The lawsuit was filed 2 years ago and I hired a lawyer. He has done nothing. I asked him to request the "discovery" items the other side will show in court. He didn't do it. I had questions I wanted him to ask the other party. He didn't do anything. We have missed court dates because he didn't forward us that we were supposed to appear in court until AFTER the date had already happened. (The other lawyer sends info to our lawyer and not to us, so that's why we didn't get the info. Our lawyer doesn't let us know what the other lawyer sends him.)

So now we have found out our court date is in two months and we have no information about what witnesses, documents, how much money the other side is wanting, anything. The other side has all our information. The other side is lying in nearly every point is is stating in the lawsuit. We have witnesses that will testify against him, but we haven't taken any depositions yet. We don't know if he will bring witnesses or not.

We wanted to settle out of court, but the person suing me and his lawyer won't even tell us the amount they are after. We are going into this without knowing anything. I want to file a counter suit because the person suing me has been damaging my property and stealing money from me, making threats, etc.

I want to switch lawyers, but now it might be too late. Can we get the bench date changed? My lawyer has done nothing. I don't know if there is enough time for a new lawyer to get these things done in 2 months.


Asked on 6/24/11, 3:04 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. It's never too late to change attorneys, especially if the one you have is guilty of malpractice. You may be able to get the trial date postponed as well, based on having to hire new counsel. You really need to consult with a good business litigation or franchise attorney in your area as soon as possible for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 6/24/11, 5:19 pm


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