Legal Question in Legal Malpractice in North Carolina

Wrong lawyer

I filed a Medical Malpractice suite against my OB-GYN. The attorney who took the case said that I had one but he never filed suited. I called him on several occasions and all I could get was a voice mail.He always stated he could never get my medical records from the Primary Doctor. Although he had all of my other information.Finally I decided to switch to another lawyer. I called for the correct mailing address and the assistant wanted to know why. When I Stated I was Changing lawyers all of a sudden he calls back and say's he has a big break in the case and he's getting ready to go into mediation with it he'll call me at the end of the week. That was in January of this year. I signed papers for him to file suite in March of 2000. Please tell me what can be done about this.

Asked on 11/23/03, 9:00 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby
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Re: Wrong lawyer

The facts of your case are not really clear. It sounds like you've filed suit (perhaps 2 or 3 years ago), but you seem to know little (or nothing) about the status of your case. Also, it sounds as if you have not yet found a second lawyer (if so, he or she should be dealing with your first attorney). You should really look for another attorney before you "fire" the first one. This "break" in the case and "mediation" are also difficult to understand. The most common complaint against attorneys is that they do not return calls, and keep clients informed. Attorneys have a duty to return calls and communicate with the client. You really need to dig into this and find out exactly what's going on. I would suggest informing this lawyer (your first lawyer) of your intent to "fire" him (which you have already done apparently) and invite him or her to meet with you, if he/she wants your case; this should get his/her attention. You could also contact another lawyer(perhaps for a fee), to look into the case for you. A disgruntled client can also report a lawyer to the state bar, but that would not necessarily help you with your situation. You need to be very careful about timing issues (i.e. filing within statute of limitations, being ready for trial if necessary). If you do "fire" your first lawyer, he/she might be entitled to some compensation for his/her work.

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11/23/03, 10:57 pm

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