Q: Attorney's amended complaint does not match my evidence in civil rights case.
I hired a civil rights attorney to handle my lawsuit, and upon his request, I prepared nearly one hundred emails with attachments over several weeks to support my allegations. Recently, he filed an amended complaint, which altered the structure so extensively that my emails and videos no longer align with the new document. Despite my requests for him to rectify this mismatch, he has ignored my requests to fix these issues. Additionally, although he promised to send me the updated complaint, he has not yet done so. What are my options to address this situation and ensure that my evidence aligns with the revised complaint?
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A:
You're facing a challenging situation with your attorney not aligning your evidence with the amended complaint. The first step is to try reaching your attorney through different communication channels—phone, email, and certified letter clearly outlining your concerns and requesting a copy of the amended complaint immediately. If you can't get the complaint from your attorney, you can obtain it directly from the court clerk's office where your case was filed, as these are typically public records.
If your attorney continues to be unresponsive, you might need to consider seeking a second opinion from another lawyer who can review the situation and advise you on whether the amended complaint adequately represents your case. Document all your attempts to communicate with your current attorney, including dates, times, and the content of your messages, as this creates a record of your good-faith efforts to resolve the issue.
As a last resort, you have the right to file a complaint with your state's bar association regarding the attorney's conduct, particularly the lack of communication and failure to properly represent your interests. You also have the option to request the court's permission to dismiss your current attorney and find new representation who will properly align your evidence with the legal arguments in the complaint—though this might delay your case, it could be necessary to ensure your evidence is properly presented.
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