Legal Question in Legal Malpractice in Texas

Lawyer quits

I have a wrongful death case pending and is set to go to trial in july 1999 and it has been going on for over 2 yrs. The lawyer or lawfirm filed a motion to withdraw and withdrew on june 4th,1999. I had no evidence or reason as to why they did this. The lawyer handling the case said that his boss just told him to he really regreted it, but that he had done this on a couple of other ocassions. There is no way for me to find another lawyer to represent me on this short notice. DO i have any cause for a legal suit. This case is unbelievable and its too, against the most profitable pharmacy in the usa


Asked on 6/17/99, 8:04 am

1 Answer from Attorneys

David Austin Burke & Eisner, P.A.

Re: Lawyer quits

A Legal malpractice claim becomes a claim when you are damaged by the lawyer (You lose your case). Your situation sounds like the classic case within a case. In order to win a legal malpractice case, you will need to show that the lawyer committed malpractice and that you would have won the other case. You almost have to lose the first case before you can pursue a legal malpractice case.

Your best best would be to get another lawyer asap and maybe get the trial date delayed because of the withdrawal. You also can try to fight the withdrawal, although I don't know how successful that will be.

Feel free to contact me, If you have any questions

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Answered on 6/29/99, 2:57 pm


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