Legal Question in Legal Malpractice in North Carolina

Where do I stand?

I settled a WC suit and the papers I signed stated a certain amount but when I got the check it was for only half of what I signed for. My lawyer wrote a note on the envelope that a second check for the rest would be coming. This was Dec. '02. He also has another case he agreed to handle for is, according to him, worth over $50,000.00. He told me that he had filed my Intent To File Suit prior to the statute of limitations running out so we could proceed with it. My point is, I had to get a copy of the WC settlement from the Industrial Comission and I found that the amount had been changed, as well as other things, without my knowledge. I have called his office over 25 times and he refuses to call me back, (I have even faxed him a letter along with Form 33 Request for Hearing). When I go to his office, he's never in and my file is convienantly unlocateable. What can I do about the rest of my WC settlement? What can I do about this other suit that I'm not even sure he got filed? If it didn't get filed, like he said it did, do I have a case against him for Malpractice?What steps do I take from here? Please help!!

Asked on 1/31/04, 2:06 am

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Where do I stand?

That's a difficult situation. I would encourage you to continue your efforts to try to contact your lawyer, by mail, telephone, fax, certified mail, and e-mail. You may want to go by his/her office also. It sounds, however, as if you have exhaustively attempted to contact this person. One of the most common complaints against lawyers is failing to respond to their clients. You may want to notify the lawyer (by phone, fax, mail etc.) that if he/she does not respond, you will have no option but to report the situation to the state bar. Hopefully that will get a response. If not, you may want to contact the state bar, and perhaps they can give you some guidance or assistance.

I would also encourage you to continue to be pro-active about the other lawsuit, especially if the statute of limitations may have run. You could also try to contact another lawyer to assist you.

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Answered on 1/31/04, 6:11 pm

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