Attorney Agreement Entered into While Hospital Confined, Medicated

[LtTragg]

What is the name of your state (only U.S. law)? NC

An attorney apparently obtained my signature on an 'agreement' (for representation), while I was hospital confined, and under the influence of narcotic medications. I was in a head-on with a drinking driver; he was killed.

I can of course find no attorney to help in invalidating this agreement, for obvious reasons.

How do I pursue this matter? I am now believing his action is not only a civil offense, but possibly criminal as well. The bar in my state has been on it for 3 months now, as a grievance.

Today I saw a Superior Court Judge, who offered little advice. I was attempting to get an injunctive/restraining action against my bank, from returning $30k to the decedent's insurance co., based on the attorney's claim. I am believing he has been heard in some legal venue to which I was not privy.

In addition to invalidating the 'agreement', I want to lodge a substantial counter-claim.

Ideas?

 

[tranquility]

Pay an attorney to advise you. I don't see how you were hurt as yet, so a "substantial counter claim" is a joke.

 

[LtTragg]

Since you don't see how I've been damaged as of yet, how can you use the word 'joke', when referring to a counter-claim?

Perhaps if a third party's claim, based on a document of questionable validity (not even questionable at best), convinces tranquils bank, to freeze HIS account, it wouldn't constitute 'damage'?

'Course not.

And if after further insistence, tranquil's bank takes $30k out of his account, then STILL tranquil has not been damaged?

Of course not. Why? Because tranquil is wealthy, and has $30k to give to LtTragg.



The attorney put into writing some wording which other lawyers, when discussing the merits of a legal malpractice claim, referred to as 'surprising', and "He shouldn't have [written/said] that". Why? Because not only is it a NC Bar ethics violation, but it reflects malice and vengeance. There's more; trust me...

I know, tranquil, that's a 'joke' too. Right?



Have you any 'good' opinions? (The judge DID say to pay an attorney to draft a complaint. Would YOU trust such however? A complaint that will have ramifications on how ALL personal injury representations are entered into???)

 

[Zigner]

Since you don't see how I've been damaged as of yet, how can you use the word 'joke', when referring to a counter-claim?

Perhaps if a third party's claim, based on a document of questionable validity (not even questionable at best), convinces tranquils bank, to freeze HIS account, it wouldn't constitute 'damage'?

'Course not.

And if after further insistence, tranquil's bank takes $30k out of his account, then STILL tranquil has not been damaged?

Of course not. Why? Because tranquil is wealthy, and has $30k to give to LtTragg.



The attorney put into writing some wording which other lawyers, when discussing the merits of a legal malpractice claim, referred to as 'surprising', and "He shouldn't have [written/said] that". Why? Because not only is it a NC Bar ethics violation, but it reflects malice and vengeance. There's more; trust me...

I know, tranquil, that's a 'joke' too. Right?



Have you any 'good' opinions? (The judge DID say to pay an attorney to draft a complaint. Would YOU trust such however? A complaint that will have ramifications on how ALL personal injury representations are entered into???)

You need to pay somebody...you're not going to get the help you want here by being rude.

 

[LtTragg]

I surely would not call that rude. I would call it quelling a [non] argument.

Use of the word 'joke' does not comprise an argument. Indeed, ANY negation does not constitute an argument.

That's my not-so-humble opinion.

 

[tranquility]

Because there was nothing in your first post which leads a person to belive you have *any* claim, let alone a substantial one.

Now you claim many incomprehensible things. Are you still on the narcotics? What happened? Without the facts there is no issue. You've supposed a lot of things. What did the attorney ACTUALLY DO or NOT DO which hurt you?

 

[LtTragg]

No claim? Whatsoever??? Tell me also that the 'agreement' would stand up in any court, and then I'll have a better guage of your analysis Mr. tranquil...

I have left some blanks unfilled. If you cannot fill them in, even by guesswork, you probably cannot help me with arguments which I might have to refute if I cannot find representation, and have to defend/offend for myself.

But in event you or anyone else might come up with something...

He sent to me my 2 disbursements for the uncontested claims.
I deposited them, and he asked for them back, signed, to 'hold'. ???
I dismissed him then since the decedent was insolvent, and awaited a bill.
He sent a bill for a couple of hundred bucks, plus 1/3.

1/3 meant nothing to me at that time. I checked the hospital discharge paperwork, and sure enough, there was an attorney representation 'agreement', which had a semblance of my signature on it, dated the 5th day of my 15-day stay. Doctors' and nurses' documents reflect substantial doses of morphine IV drip, and on-demand pump, in addition to oral narcotic medications, from the day of admittance, to the day of discharge 2 weeks later. One nurse's note says patient was 'nervous', with a visitor. ??? Know how much it takes to make a morphine-filled patient 'nervous'? No matter - the [in]validity of the 'agreement' in not a question; whether or not there is a counter-claim is the issue (joke, as you call it).

I paid him the couple of hundred bucks.
He returned it, looking for the 1/3 additional.
18 months later, no sheriff had served any papers, but my bank called; "There's a claim to some of the deposits; what's your story"?
They then chose to not return the deposits, as per UCC allowance would have allowed, but only froze the account (damage), based on documents I faxed to their legal counsel.
I attempted resolution direct with the attorney; fruitless, then began bar grievance proceedings.
7 months later, the bank has chosen to return the $30k disbursement (major damage), since there was still no resolution. There is no answer about if this is an inter-bank courtesy, i.a.w. UCC, or if the attorney has pursued proceedings in a legal venue to which I have not been privy, by which my bank was forced to relinquish. The balance remains frozen as well (sustained damage).
And, he led the authorizing agent at the decedent's insurance company to believe forgery had occurred. Received that directly from the agent, verbatim (defamatory damage?)

I agree that it is questionable whether or not it is a criminal offense; there might be precedence however. There are laws which have recently been enacted which make a criminal offense trying to procure business [from the elderly?] under some circumstances, in the event of natural disasters.

Depending on the wording of the bill, and whether he solicited me, or I contacted him (I'm not knowing this), there might be cause for a criminal action.

At worst, I might have to pay him administrative fees for signing his name to 2 uncontested claims. At best, a counter-claim, and he is subject to criminal proceedings...

Arguments?

 

[las365]

I have left some blanks unfilled. If you cannot fill them in, even by guesswork, you probably cannot help me with arguments which I might have to refute if I cannot find representation, and have to defend/offend for myself.

But in event you or anyone else might come up with something...

He sent to me my 2 disbursements for the uncontested claims.
I deposited them, and he asked for them back, signed, to 'hold'. ???
I dismissed him then since the decedent was insolvent, and awaited a bill.
He sent a bill for a couple of hundred bucks, plus 1/3.

1/3 meant nothing to me at that time. I checked the hospital discharge paperwork, and sure enough, there was an attorney representation 'agreement', which had a semblance of my signature on it, dated the 5th day of my 15-day stay. Doctors' and nurses' documents reflect substantial doses of morphine IV drip, and on-demand pump, in addition to oral narcotic medications, from the day of admittance, to the day of discharge 2 weeks later. One nurse's note says patient was 'nervous', with a visitor. ??? Know how much it takes to make a morphine-filled patient 'nervous'? No matter - the [in]validity of the 'agreement' in not a question; whether or not there is a counter-claim is the issue (joke, as you call it).

I paid him the couple of hundred bucks.
He returned it, looking for the 1/3 additional.
18 months later, no sheriff had served any papers, but my bank called; "There's a claim to some of the deposits; what's your story"?
They then chose to not return the deposits, as per UCC allowance would have allowed, but only froze the account (damage), based on documents I faxed to their legal counsel.
I attempted resolution direct with the attorney; fruitless, then began bar grievance proceedings.
7 months later, the bank has chosen to return the $30k disbursement (major damage), since there was still no resolution. There is no answer about if this is an inter-bank courtesy, i.a.w. UCC, or if the attorney has pursued proceedings in a legal venue to which I have not been privy, by which my bank was forced to relinquish. The balance remains frozen as well (sustained damage).
And, he led the authorizing agent at the decedent's insurance company to believe forgery had occurred. Received that directly from the agent, verbatim (defamatory damage?)

You expected someone to guess that whole story?

The best advice that anyone here can give you is to look for a legal malpractice attorney. Whether you have a viable case is dependant on all of the facts, some of which are still missing.

Generally speaking, I will say that you seem to have been aware that the atorney was representing you, and chose to fire him after he obtained a settlement for you only to avoid paying his fees. Whether you knowingly agreed to pay them in the first place is apparently the question.

Again, you need a consult with a legal malpractice lawyer.

 

[LtTragg]

Yes, I was aware after discharge that he was representing me. His letter of thanks was in my mailbox when I got home from the hospital.

... and chose to fire him after he obtained a settlement for you only to avoid paying his fees.

I dismissed him to avoid paying fees? That's pretty silly.

I dismissed him because the decedent was insolvent, and there was nothing else he could do. I told him so in the dismissal letter, as well as the non-necessity of accruing any account maintenance fees, and I asked for a final bill as well.

Had I known before the attorney accepted the disbursement checks, that the decedent was insolvent, I would have told the attorney no thanks, I'd file the claims myself, as I had in the past, including injury claims for which surgery was necessary. I in fact told him after discharge from the hospital, when he visited me in my home, specifically and explicitly to NOT file the claim against my own insurance company. In doing so anyway, he violated the 'scope of authority clause' in the bar ethics guideline - a moot point, being just another instance of him violating bar ethics, AND of course, in view of the circumstances of the 'agreement'.

He DID put his name on the claims. But even the claims were uncontested. A slime trail left by a snail on the claim forms would have been sufficient. And given a choice of paying the limits, or paying my medical bills (over $240k), it wasn't a tough decision on their part. Again, this also is irrelevant; the 'agreement' is not valid, by any circumstance.

No attorney will touch this. As stated already, several with whom I've spoken find some items 'surprising', and 'interesting', among other comments. The ramifications are too profound, and would affect how bodily injury representation is arranged. Besides, an attorney who would take this would make the front page of the bar newsletter, in bad way. In winning, he would still 'lose'.

Can anyone think of other arguments?

EDIT:
He did do one thing for me that I was unaware of to do; get the med pay benefit from my own insurance company, which was $1k. Beside that, he really did nothing at all...

 

[tranquility]

The attorney did not damage you based on your facts. The attorney has a right to lien on any settlement based on the agreement you signed. You do not get to disaffirm the agreement just because you think you have legal cause.

Now, if in court, you prove and win a judgment which voids the agreement due to lack of capacity, you will not owe the 1/3 contingency fee. You will, however, probably owe the attorney the reasonable fees and costs for the time he spent on your case. What the lodestar is in something like this will be something for the court to decide.

Depending on how the attorney came to be in your hospital room and how much he knew about your condition and how incapacited you were, there may be an ethical violation on the part of the attorney. Since there are many facts missing on these issues, I won't even hazard a guess.

Criminal? Not from anything you said. Maybe I can "fill in the blanks" with some bizarre facts and find something, but probably not. Maybe you can state the crime, the elements of that crime and what the attorney did to fill those elements.

Bottom line? Even if you win on the suit on the contract, the attorney did not cause you any damages and you have no substantial counterclaim.

 

[las365]

If legal malpractice attorneys won't take your case, it is because they are not seeing any legal malpractice.

You tried to make it sound as if you had no idea that the lawyer was representing you, then say you got a letter, then say that he met with you in your home after you were released from the hospital. You knew he was working on your behalf, he did his job, he earned his fee.

The fact that you decided after he had done the work that you could have done it yourself and avoided paying attorney fees doesn't mean that he didn't do the work and earn the fees per your contract.

You asked him for a bill, and

He sent a bill for a couple of hundred bucks, plus 1/3.

you got it. In my opinion, you owe it.

If you had fired him the moment you realised you had signed a contract while you were out of it in the hospital, that would be different.

 

[LtTragg]

I think tranquil's scenario might be the outcome. I WAS prepared to pay administrative fees, based on his time/effort. That was, until he demonstrated malice and vengeance, in writing, and made no good faith effort of resolution, which I did, iaw the suggestions of attorneys with whom I spoke afterward, and the suggestions of my dad.

With respect to malpractice, most of the 2 dozen or so that I spoke with said 'damage' incurred by me was not definitive. This was prior to money being withdrawn from my account. Now, the damage is definitive.

With respect to the 'agreement', it seems a foregone conclusion that it is not valid, including the judge I saw this week. All seemed to indicate that. A few asked if I had any interest (family or friend) present. There was none.

In my opinion, you owe it.

If you are believing this agreement and its terms should be honored, I want to hear some rationale. JUST addressing the 'agreement'...

If legal malpractice attorneys won't take your case, it is because they are not seeing any legal malpractice.

Do you really think ANY attorney would take a case that if won, would effect how personal injury representation is arranged? Think seriously before you answer this.

The judge chuckled when I said none would take such a case, and when I mentioned the implications, saying something to the effect of, I bet not... That was when he said to pay counsel for a draft of a complaint.

 

[las365]

If you are believing this agreement and its terms should be honored, I want to hear some rationale. JUST addressing the 'agreement'...

Are you trying to say that there is something inherently illegal or against public policy about contingent fee agreements? They are legal, and by the way, afford legal help to millions of people who can't afford to pay as they go.

With respect to malpractice, most of the 2 dozen or so that I spoke with...

You have talked to twenty four attorneys and none of them would take your case? What does that tell you? How many of them said they would take the case if the money was withdrawn from your account and "definitive damage" existed?

That was when he said to pay counsel for a draft of a complaint.

Oh, wait, that's right, you want another attorney to do work for you on a contingent fee to sue an attorney who you tried to screw out of his contingent fee...

Do you really think ANY attorney would take a case that if won, would effect how personal injury representation is arranged? Think seriously before you answer this.

Do you really think your case is one that would set a legal precedent? It doesn't sound like it to me.

 

[LtTragg]

You don't make any clear argument against a counter-claim, and damage incurred. That is the ONLY issue.

Fact: The agreement is not valid.

Concession: I owe him for his time (signature on 2 uncontested claims; 2 stamps)(and a couple of hundred $ for photocopied med records and a trip to my home). EDIT: You didn't even address the fact that I told him to NOT file one of the 2 claims. VERY clearly and explicitly, IN PERSON.

Q: Does the $ removed from my bank account constitute damage? (my bank had a 'request' to remit the the disbursements; it was NOT by legal order)

 

[tranquility]

Fact: The agreement is not valid

Contracts are presumed valid. You will have to prove in a court of law you were so intoxicated that you did not know the meaning of your acts. That is a high hurdle which you may or may not overcome. Second, you will have to show how come you did not disafirm the contract when you became not intoxicated. It seemed like you had knowledge of the contract and what it meant and intentionally took benefit from it and only now you want it to be invalid. You are a long way and years of hard work from there.

EDIT: You didn't even address the fact that I told him to NOT file one of the 2 claims. VERY clearly and explicitly, IN PERSON.

If you could be clear and explicit, why didn't you disafirm the contract then? You will need to choose one strategy or the other. Lessen damages argument or increase chance of liability, not both.

Good luck, let us know when problems develop.