Legal Question in Medical Malpractice in District of Columbia

is it ethical for an attorney to hold a case until statue of limitations is up, then refuse the case.

Asked on 4/25/16, 3:39 am

1 Answer from Attorneys

Gary Mims Sickels, Frei & Mims

No, is the simple answer to the question as phrased. However, depending on the nature of your conversations it might be justified--if you were aware. For example, if you retained the lawyer to prosecute the case without any exceptions and the lawyer missed the statute of limitations, he/she is likely negligent and you are entitled to compensation from the lawyer for the value of the case he failed to timely file. On the other hand, if you retained a lawyer at the last minute to prosecute a case and the lawyer told you he/she had to investigate the case and would only file if the case had merit, and that the statute of limitations might be missed--and you agreed--then likely you would not have a case.

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Answered on 4/26/16, 6:05 am

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