Albuquerque, NM asked in Contracts, Car Accidents and Legal Malpractice for New Mexico

Q: Can my attorney abandon my case 2 months before statute of limitations runs out?

I decapitated my car running into the back or a tractor trailer that the judge ruled made an illegal uturn In Abq. Nm. where I racked up over 50k in med bills, lost my car , lost over a 100k in lost wages all along while the pain and suffering has crippled my life .... My attorney lead me to believe for 2 years and 10 months that they had my best interest at hand only to drop my case a little over month before statute limitation ran out 3 years later.

1 Lawyer Answer
Mark Caruso
PREMIUM
Answered

A: The communications before the termination and immediately after the termination are really important in determining whether you have a legal malpractice claim in NM. An attorney has the duty to keep the client updated on matters related to the claim the lawyer is handling for the client. It would seem to be improper to terminate you just 2 months before the three year statute of limitations. Perhaps a better course of action for the attorney would have been to actually file the lawsuit with the understanding that you would need to find a new lawyer rather than abandon you.

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