What is the name of your state? New York
My matrimonial attorney brought an order to show cause before NY Supreme over two years ago. It was not a complicated case and should have been over quickly. One year into it my ex husband agreed to modify his possition if I would drop my case. Since there had been so much lengthy litigation in three different courts, my attorney advised me not to drop the case claiming I would loose our ability to recover attorney fees.
The case which was a relatively simple issue dragged on and on to the point where I believe the Judge lost interest in the case. She decided to make her decision on papers which were due May 5, 2005.
My ex-husbands attorney and my child's attorney both submitted their papers back at the end of April. However, my attorney never submitted anything despite the fact that it was my OTC. Supposedly there was another adjournment because my attorney had emergency eye surgery.
When she returned to the office a week later I asked her what the new submission date was. She could not seem to find out, something about the court loosing the opposing sides papers. I pestered my attorney all summer about my papers as well as requesting to know when the new submission date was. She did not respond to me until August when she informed me she was leaving to go on vacation and would be back in the office in two weeks, at which point she would call me. She also claimed she would have more than enough time to prepare my papers which were due on September 15th. I did not hear from her until 9/7 at which point she told me that for some reason the motion could not be found, that it had fallen off the court calendar, and that in order to restore the case she was advised to bring new motion. Two days later the Judges decision arrives in the mail. the Judge awarded nothing to anyone for attorney fees. Everything my ex was willing to modify the judge modified and everything he was not willing to modify, she did not modify. Of course her whole decision did not include my papers because my attorney still had not even written my papers.
The whole purpose for the last year was to recover attorney fees...only that never happened because the Judge had nothing from out side. She had no idea of the mountain of litigation my ex had put me through it two other courts in two other locations.
My attorney blames it on the court for not knowing where my case was, and she takes no responsibility for her actions or lack of actions.
Was it negligence for my attorney not to stay on top of my case and at the very least get my paper written and submitted, especially since it was my my OTC. Is this considered lawyer malpractice?
My matrimonial attorney brought an order to show cause before NY Supreme over two years ago. It was not a complicated case and should have been over quickly. One year into it my ex husband agreed to modify his possition if I would drop my case. Since there had been so much lengthy litigation in three different courts, my attorney advised me not to drop the case claiming I would loose our ability to recover attorney fees.
The case which was a relatively simple issue dragged on and on to the point where I believe the Judge lost interest in the case. She decided to make her decision on papers which were due May 5, 2005.
My ex-husbands attorney and my child's attorney both submitted their papers back at the end of April. However, my attorney never submitted anything despite the fact that it was my OTC. Supposedly there was another adjournment because my attorney had emergency eye surgery.
When she returned to the office a week later I asked her what the new submission date was. She could not seem to find out, something about the court loosing the opposing sides papers. I pestered my attorney all summer about my papers as well as requesting to know when the new submission date was. She did not respond to me until August when she informed me she was leaving to go on vacation and would be back in the office in two weeks, at which point she would call me. She also claimed she would have more than enough time to prepare my papers which were due on September 15th. I did not hear from her until 9/7 at which point she told me that for some reason the motion could not be found, that it had fallen off the court calendar, and that in order to restore the case she was advised to bring new motion. Two days later the Judges decision arrives in the mail. the Judge awarded nothing to anyone for attorney fees. Everything my ex was willing to modify the judge modified and everything he was not willing to modify, she did not modify. Of course her whole decision did not include my papers because my attorney still had not even written my papers.
The whole purpose for the last year was to recover attorney fees...only that never happened because the Judge had nothing from out side. She had no idea of the mountain of litigation my ex had put me through it two other courts in two other locations.
My attorney blames it on the court for not knowing where my case was, and she takes no responsibility for her actions or lack of actions.
Was it negligence for my attorney not to stay on top of my case and at the very least get my paper written and submitted, especially since it was my my OTC. Is this considered lawyer malpractice?