Hello,
I am seeking a consultation regarding possible legal malpractice involving my former personal injury attorney, in South Carolina.
On August 5, 2022, I was involved in an incident at a bar in South Carolina where a bouncer physically picked me up and threw me backward, causing my head to strike the pavement. I subsequently received emergency medical treatment at Hospital, where I was diagnosed with a closed head injury. My medical records document significant nausea and a hematoma. I also sustained visible bruising, abrasions, and other injuries, which I photographed.
On August 19, 2022, I signed a contingency fee agreement at a $350/hr rate, which I would not owe as long as I did not pull out of the contract with the Lawyer. The agreement expressly stated that the attorney would represent my interests, investigate my case, and use his best efforts in handling the matter.
I specifically wanted to pursue potential claims against the bar and the third-party security company responsible for employing the bouncer.
During the representation, I personally showed my attorney my physical injuries. However, our discussions primarily focused on waiting to see whether I would develop additional neurological complications, such as seizures or other long-term problems. I was encouraged to continue monitoring my condition.
To my knowledge, I was never informed of any meaningful investigation into the bar, security company, witnesses, surveillance footage, or other potential sources of liability evidence. I was also never informed whether my attorney obtained my emergency department medical records.
I understand that some investigative work may have occurred without my knowledge, and I do not want to speculate about actions I cannot verify.
On January 19, 2024, my attorney issued a letter titled "Declining Representation," stating that the potential costs and fees of pursuing the matter might outweigh any recovery and that he would take no further action.
The letter was mailed to my former address, although I had moved on January 19, 2023. I acknowledge that I had not notified the firm of my address change. On April 1, 2024, his paralegal emailed me a copy of the letter and acknowledged that I apparently had not received the original mailing.
In October 2026, I contacted my former attorney and requested my complete case file. During a telephone conversation, he described the file as very thin and indicated that very little had been done because the case had been approached as a "wait and see" matter.
After receiving what I understand to be my complete file, I became concerned about the apparent lack of investigative documentation. The file contains a fire department report, but I have not identified substantial documentation demonstrating an investigation into the bar, security company, or potential premises liability claims.
My concern is that I retained an attorney who expressly agreed to investigate my case, but the representation appeared to focus primarily on whether my injuries would worsen rather than establishing liability and preserving evidence.
I recognize that my original personal injury claim may now be outside the applicable statute of limitations. However, I would like an independent assessment of whether the representation met the applicable professional standard of care, whether any failures caused me to lose a potentially viable claim, and whether a legal malpractice action remains timely under South Carolina law.
I can provide the following documentation:
- Signed August 19, 2022 contingency fee agreement
- January 19, 2024 termination letter
- April 1, 2024 email correspondence
- Former attorney's case file
- Emergency department medical records
- Photographs documenting my injuries
- Other available correspondence