New York  |  Legal Malpractice

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7/23/09, 11:59 am

Legal Question


It was found that an attorney retained as the plaintiff expert witness had been himself sued in a similar legal malpractice case and I had to hire a new attorney as an expert. He is still defending his position in the lawsuit against him therefore contradicts his potential testimony as the plaintiff expert in my lawsuit. He did not disclose his lawsuit when we entered into the retainer agreement, yet he refuses a refund of any part of the flat fee I paid. Does this nondisclosure amount to an ethical violation or a consumer fraud? What recourse is available for me?


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