Can I sue my attorney for legal malpractice

[mariah65]

MI
My attorney has been caught in numerous lies about my lawsuit. At one point, he claimed he filed the lawsuit and gave detailed lies about how the lawsuit was going. I found out late he never filed he lawsuit. I cussed him out several times and threatened to file a complaint with attorney grievance commission. I also informed his superiors (the law firm's partners and owners of the firm) about his misconduct. I was then sent a letter by him stating he would no longer represent me. He also called me the same day and begged me not to file a grievance against him and he would file the lawsuit on my behalf which he did. He filed it in November of 2014. He deliberately never sent a summons to the defendant informing them they were being sued. I sent an email to the partners of the firm explaining the situation 8 days before the SOL expired. 2 days later, they filed a miscellaneous motion with the court and 2 days before the SOL expired sent an order for extension of summons. Between the 8 days and the 2 days, I sent emails demanding an update on the case or I would file a grievance. 2 days after the SOL expired, I sent another email demanding an update or I would file a grievance. That same day, the attorney who was handling the case filed for a motion to withdraw as my legal counselor citing breakdown in client/attorney relation. I have saved all corresponding emails including the one where he told me he was having the summons served over the Christmas holidays, which was a lie. He sent me an email telling me he sent a second summons, but I am showing a summons extension request. I actually have an email after I made a demand for an update telling I should be nice to him. There is a court date coming up for the motion to withdraw and I am going. Can I sue for legal malpractice? Also, what reprimand can he get from he attorney grievance commission? And since his law firm got involved and tried to cover for him, are they liable as well? I sent the email alerting them that the summons was never served 8 days before the SOL. Any advice of what to say at the motion to withdraw hearing? This man I believe is angry because I rejected his sexual advances.

 

[Ohiogal]

MI
My attorney has been caught in numerous lies about my lawsuit. At one point, he claimed he filed the lawsuit and gave detailed lies about how the lawsuit was going. I found out late he never filed he lawsuit. I cussed him out several times and threatened to file a complaint with attorney grievance commission. I also informed his superiors (the law firm's partners and owners of the firm) about his misconduct. I was then sent a letter by him stating he would no longer represent me. He also called me the same day and begged me not to file a grievance against him and he would file the lawsuit on my behalf which he did. He filed it in November of 2014. He deliberately never sent a summons to the defendant informing them they were being sued. I sent an email to the partners of the firm explaining the situation 8 days before the SOL expired. 2 days later, they filed a miscellaneous motion with the court and 2 days before the SOL expired sent an order for extension of summons. Between the 8 days and the 2 days, I sent emails demanding an update on the case or I would file a grievance. 2 days after the SOL expired, I sent another email demanding an update or I would file a grievance. That same day, the attorney who was handling the case filed for a motion to withdraw as my legal counselor citing breakdown in client/attorney relation. I have saved all corresponding emails including the one where he told me he was having the summons served over the Christmas holidays, which was a lie. He sent me an email telling me he sent a second summons, but I am showing a summons extension request. I actually have an email after I made a demand for an update telling I should be nice to him. There is a court date coming up for the motion to withdraw and I am going. Can I sue for legal malpractice? Also, what reprimand can he get from he attorney grievance commission? And since his law firm got involved and tried to cover for him, are they liable as well? I sent the email alerting them that the summons was never served 8 days before the SOL. Any advice of what to say at the motion to withdraw hearing? This man I believe is angry because I rejected his sexual advances.

-- Why would you have stayed with the attorney after he made sexual offenses?
-- Why do you care if he is angry?
-- Why did you hold off on filing a complaint this long?
-- What are the damages you have at this juncture?

File a grievance with the local bar association citing his lack of due diligence and the sexual advances.

 

[Proserpina]

MI
My attorney has been caught in numerous lies about my lawsuit. At one point, he claimed he filed the lawsuit and gave detailed lies about how the lawsuit was going. I found out late he never filed he lawsuit. I cussed him out several times and threatened to file a complaint with attorney grievance commission. I also informed his superiors (the law firm's partners and owners of the firm) about his misconduct. I was then sent a letter by him stating he would no longer represent me. He also called me the same day and begged me not to file a grievance against him and he would file the lawsuit on my behalf which he did. He filed it in November of 2014. He deliberately never sent a summons to the defendant informing them they were being sued. I sent an email to the partners of the firm explaining the situation 8 days before the SOL expired. 2 days later, they filed a miscellaneous motion with the court and 2 days before the SOL expired sent an order for extension of summons. Between the 8 days and the 2 days, I sent emails demanding an update on the case or I would file a grievance. 2 days after the SOL expired, I sent another email demanding an update or I would file a grievance. That same day, the attorney who was handling the case filed for a motion to withdraw as my legal counselor citing breakdown in client/attorney relation. I have saved all corresponding emails including the one where he told me he was having the summons served over the Christmas holidays, which was a lie. He sent me an email telling me he sent a second summons, but I am showing a summons extension request. I actually have an email after I made a demand for an update telling I should be nice to him. There is a court date coming up for the motion to withdraw and I am going. Can I sue for legal malpractice? Also, what reprimand can he get from he attorney grievance commission? And since his law firm got involved and tried to cover for him, are they liable as well? I sent the email alerting them that the summons was never served 8 days before the SOL. Any advice of what to say at the motion to withdraw hearing? This man I believe is angry because I rejected his sexual advances.

He's probably less than impressed that a client cussed him out several times.

Go ahead and file. Not sure what you hope to gain, though.

 

[mariah65]

responding to ohiogal

-- Why would you have stayed with the attorney after he made sexual offenses?
-- Why do you care if he is angry?
-- Why did you hold off on filing a complaint this long?
-- What are the damages you have at this juncture?

File a grievance with the local bar association citing his lack of due diligence and the sexual advances.

-- Why would you have stayed with the attorney after he made sexual offenses?
I blew off his sexual advances and did not take them seriously. I never knew it would come down to this.

-- Why do you care if he is angry?
I don't care if he's angry. I am angry he spent nearly 3 years playing games with a case he initiated. This was a deliberate deception and I have proof.

-- Why did you hold off on filing a complaint this long?
I was going to file a complaint last year. He called my home and begged me not to and promised he would do the right thing. I never dreamed an attorney would risk losing his license for his amusement/revenge.

-- What are the damages you have at this juncture?
Willful/malicious deception
False legal information (he told me he sued this company before and I just found out that was a lie)
repeatedly lying
emotional distress

This attorney intentionally gave me false information leading to a lawsuit with no merit. I cannot go back to the company he was suing and apply for a position.

 

[quincy]

... I blew off his sexual advances and did not take them seriously. I never knew it would come down to this.

... I don't care if he's angry. I am angry he spent nearly 3 years playing games with a case he initiated. This was a deliberate deception and I have proof.

... I was going to file a complaint last year. He called my home and begged me not to and promised he would do the right thing. I never dreamed an attorney would risk losing his license for his amusement/revenge.

-- What are the damages you have at this juncture?
Willful/malicious deception
False legal information (he told me he sued this company before and I just found out that was a lie)
repeatedly lying
emotional distress

This attorney intentionally gave me false information leading to a lawsuit with no merit. I cannot go back to the company he was suing and apply for a position.

You can file a grievance with the Attorney Grievance Commission. Here is a link with information on how to do this:
http://www.agcmi.com/pages/RequestInvestigation.html

Here is information from the Attorney Discipline Board: http://www.adbmich.org/faqs.htm

Here is a Cornell University link with a good analysis of Michigan lawyer-client relationships and attorney ethics:
http://www.law.cornell.edu/ethics/mi/narr/MI_NARR_1_01.HTM

Here is an article written by the FreeAdvice Staff titled "Mad at your Lawyer?":
https://law.freeadvice.com/general_practice/general_practice/mad-lawyer.htm

Whatever action you decide to take against your attorney, you will need proof to back up your claims. There will be an investigation into the attorney's conduct. You can start looking for an attorney malpractice attorney or you can wait to see what comes of your complaint.

Good luck.