Urgent!! lawyer problems; PLZ RESPOND

Discussion in 'Fibromyalgia Main Forum' started by luvcanines, Jun 2, 2010.

  1. luvcanines

    luvcanines New Member


    I chose my lawyer from a list Dr. Lapp gave me. This has nothing to do with Dr. Lapp; I still think he's a great doc. Anyway, the firm is handling my case in what I consider to be a sloppy, irresponsible manner. My first lawyer was Mr. De. I appealed about two years ago, and have waited a year to get a hearing before the judge. I have never even spoken with Mr. De., only with his assistant. The appeals court called my lawyer/law firm twice with dates for a hearing, and both times, the lawyer(s) cancelled the dates. The first time, he felt I didn't have a strong enough case. Then, out of nowhere, I was assigned a different lawyer, Mr. Da., who cancelled/postponed the second hearing date the court offered him, because, as his assistant said, "it wasn't convenient for him," although he gave me a different excuse, namely that he couldn't believe they only offered him one date, and he had to scramble around to find someone who would "travel." (The law firm is out-of-state). Then, when Mr. Da. called the court back, they (the court) had assigned the date to someone else. My guess is he waited too long to call back.

    I am very sick and nearly bedridden. I need four alarm clocks to wake me up in the morning, and sometimes I have to be forcibly pulled out of bed. I can no longer entirely take care of myself, but I can't afford to hire anyone. I just lost my part-time job. My dog needs surgery, and I am running out of money. I am frantic, and am suicidal. I called Mr. Da.'s office in tears, and the assistant gave me his voicemail. He called me back, and I asked why his office had cancelled two of my hearing dates. He gave me the above explanation, basically blaming it on the court. This lawyer had no knowledge at all of my illness or my case. It turns out he (the second lawyer) doesn't "travel" either, and they are planning to send a third lawyer to my hearing, which of course, hasn't been scheduled. When I confronted him, he said he had no way of knowing if I was really the right person (ie his client). Don't they have my phone number by now? He was unfriendly, dismissive, and from what I recall, did not apologize.

    So what happens when I run out of money to buy groceries? That can't be good for my health. The question is, can I fire this firm and get another lawyer by this late date? Mr. De. is the one who filed my appeal! Plus, this firm has all my paperwork. And no., I didn't make copies, because my printer doesn't make copies, and it would have meant driving to town, which I can no longer always do.

    I have no family and noone to help. My boyfriend lives an hour and a half away, and isn't much help anyway. I sometimes pray that I won't wake up. Frankly, I wish I were no longer alive, and my two dogs are my only reason for living. My psychiatrist moved out of town, and my therapist is on vacation, besides which, I can't afford either anymore.

    I have Cobra on my insurance, because I was grandfathered in, but I can't afford to pay it anymore, and the Cobra only lasts 18 months. Please help!!

    I used to be luvdogs, and I'm not sure what my user name is now, but some of you may recognize me from times past. I think I was a bit more cheerful. Sorry. I hope some old friends will respond, new ones are welcome too. Mostly, I need to know what I can and cannot do.
    [This Message was Edited on 06/02/2010]
  2. luvcanines

    luvcanines New Member


    I need help!
  3. quanked

    quanked Member

    I could write for hours on attorneys--inept, not interested in anyone's self interest but their own, full of it in the beginning and then good luck getting them on the phone after they have signed you on. Not true of them all but true of all the ones I have used.

    Don't worry anymore. Just call another attorney and ask your questions. You might even consider filing a complaint with the state bar association. This outfit sounds unethical.

    You might even ask the bar for a recommendation.

    Your situation sounds very difficult. I encourage you to devise the simplest plan you can without delay.

    You might even post here asking for attorney recommendations in your state.

    Good luck.
  4. luvcanines

    luvcanines New Member

    I thought that was supposed to describe doctors, not lawyers. I will indeed do as you said (I think); that is, if it's not too late.
  5. goneee

    goneee New Member

    I too could write a couple of books on the no count lawyer I had from 2003-2009. After I had tried to hire another attorney with no success during that time, then I finally stumbled across a lawyer that said he would take the case, but now my case has become a malpractice suit against the former lawyer. It was found out that she actually went to a hearing in 2006 and dismissed my case without my knowledge, but was continuosly giving me other court dates and then calling to cancel at the last minute (no wonder, there was no date or time in the first place) plus having me to sign papers after 2006 which was fraud.

    I fortunately did make copies of all paperwork from her and myself including e-mails and logged dates, times and nature of phone calls when we spoke. It was a good thing I did because when I requested my file, (which she had told me was HIP DEEP), I only received a few papers from her. She said the rest had been stolen or destroyed when she moved into a new office. I wouldn't worry about that part though, because if you can find another lawyer that is willing to do a little work for their money, they have ways of retrieving what is needed.

    The lawyer I have now seems to be somewhat honest, but I don't trust him either and why should I? He knows this and has been very accomdating recently after I caught him in a couple of lies and confronted him immediately.

    I am now waiting for a court date and time from the Supreme Court with a judge that does not know my former attorney. This has now gone to another county and may end up having to get one from another state. I also filed a State Bar Complaint and I urge to you to do so too. They have been been nice and my complaint is now at the displinary level. I was told that do to the nature of how I was treated (way too long to go into) she will most likely be disbarred.

    The stress as you so well know has made me 100 times worse with the fibro. Worrying about bills, food, housing, etc. is enough to make a healthy person go completely insane, then add fibro to it. The only thing that is carrying me through is my faith. I have just let go of the control and put it is God's hands.

    My heart goes out to you and I pray you will receive justice.

    Take care of yourself. I know it is easier said than done, but there will be a way.

  6. luvcanines

    luvcanines New Member

    Fortunately for me, my uncle was a big-time lawyer with Sullivan and Cromwell before he retired, but he is elderly, and I don't know how much he can help. However, his son, my cousin C. is also a lawyer, and his wife is a lawyer with the fed. government. Even though I don't know C. that well, I e-mailed him, and he is going to try to find me a lawyer in my state (NC).

    I called a few other NC lawyers, but they all said they would not take my case unless (a) the law firm I'm with now releases me and (b) I could get a waiver of their (my lawyer's) fee. I called the no-good law firm I'm with, with those requests, but they haven't called me back so far. I'm afraid I might have to use threats, such as, my uncle's history, and/or the fact that my doctor is Dr. Lapp, who is one of the most prominent Fibro docs in the country. I'm hoping Dr. Lapp would remove this law firm from his list of referrals.

    And yes, I'm going to ask my new psychiatrist about all this as well. She is a Lyme Literate doctor.

    Goneee, I cannot believe what you went through with your first lawyer. How did you manage to keep your spirits up? I can't believe any human being, especially a professional, would do what she did. And if your current lawyer is lying, sounds like you need to dump him as well. Oh my, how things can get tough.

    Thanks, all, and I'm going to continue to bump my post, because I need all the help I can get.
  7. luvcanines

    luvcanines New Member

  8. goneee

    goneee New Member

    I am so happy to hear that you do have someone that maybe able to help find you another lawyer and I wish you all the best.

    I am having a meeting with my present lawyer and his superior tomorrow to make sure things are going in the right direction. He called me 3 times today asking if I still wanted to meet tomorrow and my answer was a blunt "YES". I know he is afraid he may be in some trouble with his boss because of conflicting information I sometimes get from him, but too bad, his boss is going to know everything. Plus, he kept asking me what we needed to put on the list to go over with his boss. I told him I would address that when I came in. If I am not my own advocate, no one else is going to do it.

    As for sanity, I think I lost that long time ago. I could have just let things go and did nothing when I found how what my former lawyer did, but that wouldn't have given me the justice I deserve and she would still be practicing law, living the good live, while I suffer in pain and live from penny to penny. It would be nice if I could receive a settlement check and by miracle be healed and back at work, but unfortunately a check won't give me back the life I once had.

    Keep your chin held high and don't give up.

    Also, please keep posting, or bumping your post, so I will know how things go for you.

    Keeping you in my prayers.