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amended complaint

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ProSe Litigant

Junior Member
:confused:What is the name of your state (only U.S. law)? nj

I filed a complaint for an injunction against my neighbor for blocking an ingress/ egress easement. The complaint was dismissed with leave to amend because the judge said there were items attached that shouldn't have been, and there were also items that should have been attached but weren't. The rules of civil procedure aren't clear (to me - not a lawyer) on what may be attached to pleadings, and what should be left as evidence at trial. What, other than chain of title proof that I own the easement, should or can be attached? Should I describe the easement, draw a sketch, attach a survey, or be extremely brief?
Thanks for any help.:)What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


ProSe Litigant

Junior Member
Can anybody help me here . . . or in the alternative, is it possible to hire an attorney to just look over my amended complaint? I've spoken with several over the phone and they seem to want to know much more about the case - which would cost me a lot more money. I just want someone to take a look . . . a simple, short, consultation. Is that common practice for an attorney?
 

tranquility

Senior Member
Limited engagements, while still not usual, are happening more and more. People coming in for specific advice from the attorney. It's hard as the engagment letter really needs to be specialized to the specific requirements of the client. To even begin, attorney time is needed in thought after hearing the specific needs of the client to write up the limitations on liability based on the advice which was or will be given. If a client comes in and asks how to do X, an attorney does not want to get sued later for malpractice when he describes how to do X, even when doing X is completely wrong and Y was the actual thing to do. That is why ANY answer on a forum like this can't really be "advice" but an educational tool based on the experience of others who have gone through similar things.

I think it is unlikely you could find an attorney to answer your question. Unless your error is one easily discernable and the answer obvious to someone reading the judge's order, one really would have to know much of the factus to determine the things to attach to a complaint. A complaint is the core notice and layout of the lawsuit and many errors, especially on an amendment demanded by a judge, could doom the suit. I can't even imagine an engagement letter which limits advice to the attachments without some level of responsibility for the complaint. Along those lines, many courts hate "ghost" written pleadings with some disallowing them. Such an engagement is fraught with danger to the attorney in the chance of malpractice suit and in the chance of the court being displeased (with whatever form that may take) and, let's face it, a person coming in with such a limited request is almost certainly going to complain about bill. All you wanted was a paragraph of an answer on a basic procedure, how can that cost $400?
 

ProSe Litigant

Junior Member
$400 is a lot easier to swallow than $5000, but I do see your point. I can't afford an attorney at the moment, so I'll just do my best and hope it satisfies the Court. Thank you for your response.
 

chuck126

Member
You should be able to get an atty. at a reduced fee if you go through your local lawyer referral service. They will refer you to an atty. for $50.00 for a half hr. consult. if you can't afford regular fee's. Call your local law library for a atty. reference/referral. Bring your paperwork and see what the atty. say's.
 

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