Legal Question in Product Liability in Florida

legal misrepresentation

Is it possible to file a claim against an attorney that is still representing(misrepresenting) you. My husband has an attorney that might cause him to loose his claim due to his lawyer not submitting court ordered papers on time and due to not properly serving the defendant. We can not find another lawyer to take the case at this stage. What can we do?


Asked on 3/19/09, 4:07 pm

2 Answers from Attorneys

Steven Meyer CPLS, P.A.

Re: legal misrepresentation

You can obtain a new attorney to represent you in the pending case in place of your current attorney. If you cannot find a new attorney to represent you in this case, then you can continue with the current attorney or represent yourself. Given a choice between those two choices, it would probably be a far better idea to continue with your current attorney. If your case has a bad result because of the attorney's actions or inactions, then you may have a complaint against him. You cannot pursue a legal claim against your current attorney until he is no longer representing you. However, you probably won't have any grounds to pursue a legal claim against him until your case is completed. In the meantime, you could contact The Florida Bar, but it is unlikely that they will do anything at present since your case is still going on, and it's not clear whether you will have a good or bad result. Good luck.

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Answered on 3/19/09, 6:34 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: legal misrepresentation

If you cannot find an attorney to assume representation now, you are usually better off keeping the atorney you have. Filing a claim now will require your lawyer to withdraw as your lawyer. For mistakes during litigation the time to bring a claim almost always does not begin until your case has been finally determined by trial, settlement or appeal. If you suspect that your lawyer has made an error, you can -- and probably should -- consult with a lawyer to get some advice on how to best proceed.

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Answered on 3/19/09, 8:45 pm


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