My case has been going on since 1998 .It is a small estate. I have been just paying lawyers and sometimes it sits in their office for a year or so with no action .I really could use some advise on this one. Dont say change lawyers Im on my 4 th.
2006-10-23 01:12:49 · 6 answers · asked by sjjdka 1 in Politics & Government ➔ Law & Ethics
Your Provincial Bar has oversight responsibility.
It's really sad that you've been taken to the cleaners. One should never hire a lawyer without first interviewing former clients. And observing the lawyer and speaking to him/her and clients in the corridors of a court.
This sort of complaint (malfeasance, misfeasance) about lawyers in probate matters arises constantly. I can only attribute it to greed and arrogance. The best lawyers are, unfortunately, too expensive for most people. So they get the incompetent, venal, affordable ones.
2006-10-23 01:17:29 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Lawyers are "governed" by their state/provincial Bar Association, at least in Anglo-American legal systems. If you really are being mistreated, you can file a lawsuit for legal-malpractice. This is a rather risky business, as if you sue and lose, few attorneys are going to want to represent you.
Furthermore, as long as the attorney has not actually cost you your case by his negligent actions, there is no legal malpractice. As long as there have been no decision or missed deadlines, your lawyer hasn't done anything wrong. Depending on what you're trying to accomplish, eight years may be a reasonable amount of time. Just because nothing is happening in court does not necessarily mean that your attorney isn't doing anything. Many deadlines for responding to legal proceedings are 90 days, so as few as four exchanges of legal documents could take a whole year. Given the fact that you've already changed lawyers three times, you've probably actually slowed things down considerably, as you've had to start from scratch three times.
Don't ignore the possibility of legal malpractice, but have some patience.
2006-10-23 01:23:29 · answer #2 · answered by Ryan D 4 · 0⤊ 0⤋
The Canadian Bar Association does not discipline lawyers or mediate lawyer-client disputes. The Law Societies in each province/territory are responsible for making sure that lawyers practise law competently and ethically. They can discipline lawyers who do not meet these standards.
Law Societies in Canada (by Province)
http://www.cba.org/CBA/Info/FAQ/law_society.aspx
2006-10-23 01:22:27 · answer #3 · answered by ? 5 · 0⤊ 0⤋
If it's an estate, it really isn't your case, even if you're the executor, widow, or beneficiary.
8 years is a long time, but there may be a reason. If the Lawyer isn't telling you, ask the Executor.
If that's you and you don't know, there's a serious problem here. Read the file.
2006-10-23 01:25:12 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
It depends which province you are in. There is a regualting body for lawyers in each province, for example in Ontario you would contact the Law Society of Upper Canada.
2006-10-23 01:18:59 · answer #5 · answered by tarar0502 2 · 0⤊ 0⤋
I found some good info on lawyers here.
2006-10-25 06:04:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋