Legal Question in Legal Malpractice in New York

My ethical responsibility to withdraw from a personal injury case

I am the attorney for an injured party in a personal injury case. Unfortunately, in spite of my best efforts, everything that could go wrong has indeed gone wrong: missed depositions, tardy court appearances, adjournments, etc., etc. Presently, the Judge is furious at me for missing a court conference due to illness, and defense counsel took the oppotunity to expound upon my deficiencies as an attorney in this matter. I now have to face the seriously angry judge and beg for mercy. The judge doesn't want excuses: he wants my license. I need suggestions as to how to approach this before it becomes worse. I have 24 hours to determine a course of action. Any advice from an experienced attorney would be more than appreciated.


Asked on 7/29/01, 1:47 am

1 Answer from Attorneys
Matthew Schwartz Schwartz & Ponterio, PLLC

Re: My ethical responsibility to withdraw from a personal injury case

Things may look bleak but there may be a way to repair the damage before it's too late. You should seek assistance from an experienced attorney. It is always better to address whatever problems exist in an honest and straightforward way immediately.

I have been an attorney for nearly ten years and I have spent the last five years handling legal malpractice cases (for both plaintiffs and defendants). I'd be happy to discuss your case with you.

Matthew F. Schwartz

(212) 421-2233

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Answered on 9/03/01, 5:40 pm


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