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Can you file a legal MP case on a former atty that dropped your case 2 mths before SoL ran out and put a lien on your award earned by a diff firm

1 Answers. Asked on Feb 23rd, 2017 on Legal Malpractice - Utah
More details to this question:
My son was involved in an automobile accident. DUI case. The other driver was at fault. We hired an attorney and sought medical treatment. The provider told us he would not continue treatment unless we went with a different firm. We terminated our services, and went with the referred firm. 3 years and 10 months later the current attorney/firm dropped our case stating we bugged his office too much. only after filing a cap on the award my son should have received. Two months before statute of limitations ran out we found a firm who would represent us. approximately 1 1/2 years later we reached a settlement. The firm that dropped us placed a lien on the award claiming we had expenses that needed reimbursed. 1. Had we not found a firm to represent us, the firm that dropped us would have never collected anything, so why are they trying to now, 2. Because they dropped our case and decided not to represent us, Can they now claim expenses?
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Answered on Feb 24th, 2017 at 7:48 AM

I am sorry to hear about your problems, but I glad that you found a firm to help you settle the matter.

On what little proof you have provided, I am not in a position to address whether there was malpractice. I'd have to review all of the related documents (their retainer agreement, their billing statements, their records and yours concerning communications, and their termination documents).

As to their lien, and their financial claims, you may have options to attempt to defeat that lien. Again, I need to review the retainer agreement, their billing statements and the like.

These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.



David R. Hartwig

801-486-1715


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Legal Malpractice
The vast majority of attorneys act ethically and diligently representing the interests of their clients. But what happens when you hire a lawyer who has a conflict of interest, makes errors in your representation, is negligent or breaches his or her fiduciary duty? In those instances, you may have grounds for a legal malpractice complaint or lawsuit. Law firms that represent the victims of legal malpractice can help you file a complaint with your state's lawyer registration and disciplinary commission, while also filing a civil lawsuit against your former attorney.
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