Legal Question in Legal Malpractice in Virginia

My wife has a slip and fall case that has been on going for 30 months. We have been to mediation and and after spending the day there with their attorneys was offered 48.000 but it wasn't enough to pay our lawyer and the doctors bills.

Our doctors gave their deposition and the EMT drivers who tripped over the same thing my wife tripped over while they were working on her plus a deposition from the previous manager from the store in which she tripped in admitting there was a problem there.

Now our lawyer claims we can not get a court day until the other side agrees on a date and that was a few months ago.

I am a little concerned about our lawyer having our best interest at heart.

We understand these thing can take time but we can't get any better answers from our attorney and he acts like he really don't want to discuss it and don't even return our calls.

Should we take some kind of action and if so could someone tell us what to do.

Thank you very much.


Asked on 4/30/10, 5:37 pm

1 Answer from Attorneys

Gary Mims Sickels, Frei & Mims

without knowing where your case is pending it is hard to guess what is happening. If your case, for example, was pending in Fairfax County it would be set for trial within about 1 year of the date the suit was filed. In most jurisdicitons your lawyer could file a praecipe to place the matter on the docket to be set for trial, in that case the other lawyer would have to appear to select a trial date or one will be selected without him. I am unaware of any jurisdiction in Va. that would require an agreement on a trial date before one could be set. you can call the clerks office where the case is pending and ask them how to set a case for trial then confront your lawyer.

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Answered on 5/05/10, 8:25 pm

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