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Do I have a case for Malpractice and damages against this attorney?

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portofino

Guest
What is the name of your state? I'm in North Carolina; the attorney I hired is from Texas, with authorization from NC Court to work through an attorney licensed here in NC.

The lawyer from Texas is a specialist in DWI. One of the best in the nation. I lost at District Court level, and was on appeal to Superior Court on mt 2cd DWI.

The trial was set for May, I was granted a continuance on a technicality, and the Trial was set for this month.The Judge told the local attorney to forget anymore continuances, especially after this last one. She also said that my lawyer from Texas better plan on being here on the trial date as set by the ADA. The DA's office controls the trial calander in NC.

My Texas attorney would not come to my trial this month because he was in charge of continuing education for an elite group of attorneys at Harvard the week of my trial. His contract stipulates he and the local attorney must be present unless for an act of God or serious illness. Neither is the case.

The local attorney was held in contemt of court for "antics" pulled on my case and others. The DA's office is out for him. The local attorney was selected by the Texas attorney. I did not want to face the rath for the local attorney that the DA's office has for him. I paid to date for legal and expert defence close to $18k.

Because I was assured by the Texas attorney that he WOULD not be present, my option were running out. A friend who is an attorney here told me the ADA in charge of the case told him he would ask the Judge for the max., 2 years active if I lose this month. If I went to trial with the local attorney, not my lawyer of choice, without my expert witnesses, I would surely lose. I would face severe penalties for the "rukus" I caused the court. If I pulled a no show to get the case continued, they would arrest me, and I'd spend as much time in jail if I remanded to the District Court decision of 30 days weekends and loss of license. I would also have the option to appeal the Superior Court decision to appealte court at a cost of 10-15k, have to post a bond for a 100k, costing me up to 25k just because the Texas attorney would not show. THe Texas attorney told me this was one of my options..."get the best appelate attorney here!! I would then have to go to trail all over again. Never mind the cost, or the outside chance that the Judge may NOT and NOT under law obligated to allow me to post a bond to get out while waiting to appeal my case to appelate court.

My decision made under duress was to take the lesser of all evils, remand to District Court decision. Do I have a case for damages? Malpractice? what can I sue him for?
 


HomeGuru

Senior Member
portofino said:
What is the name of your state? I'm in North Carolina; the attorney I hired is from Texas, with authorization from NC Court to work through an attorney licensed here in NC.

The lawyer from Texas is a specialist in DWI. One of the best in the nation. I lost at District Court level, and was on appeal to Superior Court on mt 2cd DWI.

The trial was set for May, I was granted a continuance on a technicality, and the Trial was set for this month.The Judge told the local attorney to forget anymore continuances, especially after this last one. She also said that my lawyer from Texas better plan on being here on the trial date as set by the ADA. The DA's office controls the trial calander in NC.

My Texas attorney would not come to my trial this month because he was in charge of continuing education for an elite group of attorneys at Harvard the week of my trial. His contract stipulates he and the local attorney must be present unless for an act of God or serious illness. Neither is the case.

The local attorney was held in contemt of court for "antics" pulled on my case and others. The DA's office is out for him. The local attorney was selected by the Texas attorney. I did not want to face the rath for the local attorney that the DA's office has for him. I paid to date for legal and expert defence close to $18k.

Because I was assured by the Texas attorney that he WOULD not be present, my option were running out. A friend who is an attorney here told me the ADA in charge of the case told him he would ask the Judge for the max., 2 years active if I lose this month. If I went to trial with the local attorney, not my lawyer of choice, without my expert witnesses, I would surely lose. I would face severe penalties for the "rukus" I caused the court. If I pulled a no show to get the case continued, they would arrest me, and I'd spend as much time in jail if I remanded to the District Court decision of 30 days weekends and loss of license. I would also have the option to appeal the Superior Court decision to appealte court at a cost of 10-15k, have to post a bond for a 100k, costing me up to 25k just because the Texas attorney would not show. THe Texas attorney told me this was one of my options..."get the best appelate attorney here!! I would then have to go to trail all over again. Never mind the cost, or the outside chance that the Judge may NOT and NOT under law obligated to allow me to post a bond to get out while waiting to appeal my case to appelate court.

My decision made under duress was to take the lesser of all evils, remand to District Court decision. Do I have a case for damages? Malpractice? what can I sue him for?
**A: yes, you have a case.
 
P

portofino

Guest
How do I proceed?

Thank you for your comment. How do I find an attorney? Do I get one in Texas or NC? How would you proceed if it happened to you? Thanks...
 
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hexeliebe

Guest
I'd shoot the SOB for not showing up:D

But that's just me and the mood I'm in right now.
 
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portofino

Guest
If I have a good case...

I will be relentless in my pursuit of damages. I've got lots of time. :D
 

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