Lawyer turns on me.

[You Are Guilty]

Where can I find the papers and instructions needed to file an Affidavit in Opposition on lawyer.

Nowhere I know. There is no one form because every Opp is unique and individually written.

Is terminating him relevant now?

That's up to you.

what is the best way to have the case withdrawn as I feel the case has been damaged by the events that have taken place.

A letter to the other side telling them that you'd be willing to sign a Stipulation of Discontinuance Without Prejudice would probably work. You can also call the clerk of the court to ask for assistance in doing so. However, there's a $35 filing fee, so, you may as well try to have the defendant's counsel draft and file it so you don't have to pay.

Thanks

No problem.

 

[DataCom]

I am writing up the Affidavit in Opposition and have been thinking. The "Agreement of Retainer" does state that all fee's. services etc will come from the settlement. It does not have statements stating client is liable for reimbursements separatly.

-------------------------------------------------------------------------------------------------------
I understand and agree the attorney's fees shall be 33-1/3% of any sums recovered.

I further understand that such attorneys's fees shall be computed on the net sum recovered after deducting from the amount recovered any expenses, filing fees, and disbursements for expert testimony and investigative and other services properly chargeable to the enforcement of the claim or prosecution of the action. In computing the fee, the costs as taxed, including interest upon a judgement shall be deemed part of the amount recovered. For the following or similar items, there shall be no deduction in computing such percentages: liens, assignments or claims in favor of hospitals, for medical care and treatment by doctors and nurses, or of self-insures or insurance carriers.

Indebtedness of client if any, relating to the accident or injuries, may be discharged before distribution of funds to client, and said attorney is authorized, as my agent, to disburse accordingly from my account from funds received.

The attorney reserves the right to withdraw from the case at any time.
---------------------------------------------------------------------------------------------------------

That's what is there.

Unless I am missing something here or there is a loophole. He shouldn't be entitled to any money. He withdrew using "conflict has arisen". He wasn't teminated.

Well that is putting it mildly. I can think of at least 3 major issues of conflict.

1) When he told me "you can't say I recommended that doctor" I looked at him and said I am NOT going to lie!

2) Not preparing for the case. Not being familiar with the case enough to know the time line and the documentation supporting the time line and because of that he got the time line wrong. He should have the same documentation I have acquired from the 2 doctors I had seen about the 1st /original accident. Those documents document the injury prior to the 2nd accident as well as the documentation of the 2nd accident stating no injury occurred in the 2nd accident and refers to the original injury as the source of the pain.
I am willing to bet the defendants attorney showed him the 2nd accident papers and scared the crap out of him. The evidence that exists that he didn't prepare is he had the documentation from 2 doctors pre dating the 2nd accident and could have leveled the field right there had he read the documentation or at least read the 2nd accident documentation. Instead he chose to hit me with it, having not seen or read all the documentation at that time (such as him) I didn't have much of a defense other than knowing which doctors were aware of the injury prior to the 2nd accident and stating that to him which was evident he didn't believe me. Hell if I could predict something 3 months in advance I wouldn't be here, I'd be buying stocks. I find it rather strange a lawyer would put a client in defense mode without the client being able to refresh their memory by reading the documentation on an accident 3 years old. I thought it was his job to represent his client.


3) I guess asking him if he had checked to see if this happened to anybody before at the same location, which I feel is related to the preparation of the case and him responding No must have irritated him as I'm a client and a layman, why would I think of those things and not him? Since there was allot of traffic that day there is very high chance someone saw what happened. Would running an ad for a few months to locate someone who saw what happenned as a witness be wrong? Am I not suppose to show any intelligence?

I also consider that when he stated "If you want to drop this, I won't charge you anything" while on the break of the deposition rather surprising and odd. When I said no, he then rebuted with "you will need to find another attorney". That in itself ended the deposition that day to me as I wouldn't have had any represention, which I had already felt about 5-10 min into the deposition and my personal reason for a break. Last I knew he was doing this for 33 1/3 %. It is very strange he bailed out so quickly on that day.

I personally think it hinges back to Items 1 & 2 above.

 

[DataCom]

Well I went to the court and they notarized the Affidavit in Opposition. The clerk kept the originals. I am not sure if this Affidavit in Opposition should show up on the Court page showing Motions.Actually my wife sent the papers to him and did a notarized Affirmation of Service to the lawyer. I think that Affirmation of Service has to be delivered to Court 1 or 2 days before Court. I don't know if the Affidavit in Opposition papers the clerk notarized have been submitted. If the Originals are the ones the Court wants then I would haft to think they have been submitted. Maybe a courtsey copy to the Judge would be a backup.
Strange phone call from the lawyer prior to sending him the Affidavit in Opposition.
He was confirming the date of Court for his withdraw Motion.
I mentioned a few things to him as the Opposition Papers were going to be sent that day. I told him the Opposition Papers were to request the Court deny his request for disbursements etc. as I don't feel he deserve's compensation for screwing up the claim. It was a very interesting conversation and I asked him some questions. I asked him if he was aware of medical documents prior to the date he had focused on. He was at a loss of words. One of the things he did was ask 5 or 6 times throughout the conversation "so you don't want me to represent you?". My impression was that he was trying to get me to verbally fire him. My response was "if you don't want to represent me that is your choice". He did state he would drop the request for disbursements and I said I want it writing. He said he would do it Court. He did ask which Dr's documents I was referring to. So I gave him the two Dr's names and the dates of the documents and told him he should have copies of them. I have the copies of the release forms he had sent for from his office that I had signed for him long ago. I know which doctors he has the medical record forn. I also said the two Dr's documents were included in the Opposition papers. From his tone of voice it appeared he realized he screwed up. I see the defendants's attorney has filed a motion and it is going to be the same day as his. I asked him if he knew what motion they had filed. He responded with they want medical releases from Dr's X, Y, & Z for your back. I said to him I never claimed my back was injured from the accident. I don't have back problems. His response was "OH YA" like he had forgoten. He has mentioned my back a few times during the course of the case and I have always told him my back wasn't injured. I'm not certain if he has confused me with another client or was trying to claim something I haven't. It does show his lack of preparation and familiarity with my case. I personally thought the defendant's attorney would be filing a motion to get the suit dismissed. Now I think the defendant's attorney is more than aware of the two Dr's documents that I had to point out to my lawyer and the defendant's attorney no longer questions whether or not the accident happened but are digging for something to blame it on me. I find it strange the companies insurance hasn't taken care of this. Maybe I am wrong with how I see this but I don't think I am. I find it rather odd my lawyer doesn't see this. When I told him about the two Dr's documents, his silence appeared like that thought had just crossed his mind.
But then again they probably put him in his corner so to speak before deposition.

How can I check to verify the Affidavit in Opposition is filed in Court.
I don't want to call the cleck everytime I have a question.

 

[DataCom]

Well I did the Affidavit in Opposition. Went to court on his withdraw date and have 45 days to find another attorney. My ex lawyer said he would send the case to me(outside the court room) that hasn't happened and it's been almost 2 weeks. He withdrew his request for any money at the last minute in court. (I think the Judge was reading my Affidavit in Opposition). So how do I get the case file from him? I mentioned I needed the case file in court and the Judge said the attorney would give it to me. Who do I get to enforce that?

 

[You Are Guilty]

Well I did the Affidavit in Opposition. Went to court on his withdraw date and have 45 days to find another attorney. My ex lawyer said he would send the case to me(outside the court room) that hasn't happened and it's been almost 2 weeks. He withdrew his request for any money at the last minute in court. (I think the Judge was reading my Affidavit in Opposition). So how do I get the case file from him? I mentioned I needed the case file in court and the Judge said the attorney would give it to me. Who do I get to enforce that?

You either continue to ask him nicely (telephone, letter) and if he fails to turn it over in a reasonable time, you file a motion with the same judge you saw during the withdrawl to compel him to provide it to you within XX days.

 

[DataCom]

Should I be getting the original case file or a copy? He said he is having a copy made for me at his expense. I think there are some original documents in the original case file along with pictures. I read somewhere I should be getting the original case file and if he wants a copy, it would be at his expense. Is this true?
If not why would a attorney be able to keep a clients original file?
There also seems to be a question of the 45 days. He said the 45 days hasn't started yet, until the court's order is entered. He said the order hasn't been entered yet, so the 45 day time frame isn't running. When I look on the court site it shows the day he withdrew and also says "GRANTED - PLF HAS 45 DAYS TO G". The defendants attorney asked for something that was self executing in reference to having the suit dropped. I see a Preliminary Conference is set for a few days past the middle of January. I have no idea what that is about.

 

[You Are Guilty]

Should I be getting the original case file or a copy? He said he is having a copy made for me at his expense. I think there are some original documents in the original case file along with pictures. I read somewhere I should be getting the original case file and if he wants a copy, it would be at his expense. Is this true?
If not why would a attorney be able to keep a clients original file?

NY law requires attorneys to maintain their files for 7 years from the date of last activity, so he does need a copy, but you should be getting the original. However, except maybe for photographs, I doubt you'd ever need the originals of any documents in the file.

There also seems to be a question of the 45 days. He said the 45 days hasn't started yet, until the court's order is entered. He said the order hasn't been entered yet, so the 45 day time frame isn't running. When I look on the court site it shows the day he withdrew and also says "GRANTED - PLF HAS 45 DAYS TO G". The defendants attorney asked for something that was self executing in reference to having the suit dropped.

That may be true. Once the judge issues his decision, he will (eventually) send it to the county clerk to "enter" (make it "formal"). Once it's entered, you should serve a copy of the order, with a "Notice of Entry", a sample of which I am sure is on the internet (it's only like two sentences). You do need to call the clerk to find out the "date of entry", which they will do for you over the phone.

I see a Preliminary Conference is set for a few days past the middle of January. I have no idea what that is about.

A PC is just what it sounds like - the initial conference for you to give the judge a brief overview of the case and to set up a discovery schedule. They are nothing special and many judges actually have pre-printed forms that you have to use where all you do is fill in the dates for various discovery items. Piece of cake.

 

[DataCom]

The photographs are the originals and only set.

Once it's entered, you should serve a copy of the order, with a "Notice of Entry", a sample of which I am sure is on the internet (it's only like two sentences). You do need to call the clerk to find out the "date of entry", which they will do for you over the phone.

I serve a copy of the order, with a "Notice of Entry"?
to who?
The defendants attorney was there and knows the status of the situation.

 

[You Are Guilty]

The photographs are the originals and only set.
I serve a copy of the order, with a "Notice of Entry"? to who? The defendants attorney was there and knows the status of the situation.

Yo serve it on everyone - the defendant/his attorney & your former attorney. I didn't make up the rules requiring it, they're in the CPLR (I don't recall the specific section offhand, I'd guess in the 2200's as that's the one that deals with motions). You don't "have" to serve the notice of entry, but the "clock" doesn't start on the 45-day deadline until you do. Call it a NY quirk.

Here, I found a sample for you to use:
http://www.nycourts.gov/courts/nyc/civil/forms/EnteringJudgmentsNoticeofEntry.pdf

Just change it over to Supreme Court and fill in the blanks for your specific case and mail it with a copy of the order. 5 minutes, tops.