Christmas, FL Personal Injury Law Firms & Lawyers | Page 2 Results

Sorry, this question is not too clear to me. You wrote the law firm asking for your file and were to the file is in storage? Are you saying that you were told that you are in default in a lawsuit? That's a whole new can or worms. Well, generally, a client is entitled to have his / her file, but it's not unusual to have files in storage. So, it can take a bit of time to get the materials out of storage. Generally, NO, people obviously are not entitled to forge your signature. That's a pretty serious accusation to make. Sometimes we will have client authority to sign for them under specific circumstances, and with at least oral pre-approval, such as requesting additional medical records for the client, or something like that. I think first I would try to talk directly with the lawyer to find out what is going on. If you don't get anywhere with that, you can at least inquire of the state Bar Assn. on the matters you are concerned about.

Any jury verdict can be appealed including those based on a "question of fact." The real question should be whether the appellate court would reverse a jury verdict on this basis. The answer to this second question is that if the only issue being appealed is that a different jury could have reached a different conclusion then it is very unlikely that the appellate court would reverse the verdict. In most cases to win an appeal there must be some other basis for reversal other than a claim that the jury got it wrong. Some examples in which a case could be reversed on appeal include, but are not limited to: irregularity in the proceedings of the court, jury or prevailing party or any order of the court or referee or abuse of discretion by which the party was prevented from having a fair trial; misconduct of the jury or prevailing party; accident or surprise, which ordinary prudence could not have guarded against; (4) excessive damages, appearing to have been given under the influence of passion or prejudice; that the verdict, report, or decision is not sustained by sufficient evidence or is contrary to law; error of law occurring at the trial and objected to by the losing party. I do not understand what you are asking by your second question, "If so, what consequences might the legal system experience?" Although there are some cases in which judges decide the facts, such as workers' compensation cases, basically our justice system is set up so that juries, rather than judges, decide the facts in a case. If appellate courts routinely reversed jury verdicts when the only issue is that the appellate judges just thought the jury got it wrong we would effectively be dismantling the jury system as we know it. Jury verdicts would be less meaningful.

It depends on what type of case you have and perhaps other circumstances. For example, when representing a client before the Social Security Administration, the attorney can terminate representation by sending a letter to the Administration stating that he/she is no longer the attorney. Sometimes in criminal court, the attorney can simply notify the Solicitor's Office. Normally in Civil Court or Family Court, you must obtain a court order to be relieved. The penalties could vary. For example, if you are in Family or Civil Court are not relieved by the court, then you are still the attorney of record. If a hearing is scheduled and the attorney doesn't show up, the judge might sanction the attorney in some way. If the attorney quits working on your case without being relieved, the S.C. Office of Disciplinary Counsel could seek sanctions including private reprimand, public reprimand, and disbarment.