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Criminal Law Malpractice

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mrsjimenez210

Junior Member
New York
I have a question and would like some expert advice. My husband and I filed suit against an attorney independently. The evidence.was.so strong that the.attorney desired to settle out of court. We agreed and.settled 8500.00. However, the damages are far worst and we signed an agreement in good faith. We are finding that the attorney who made paymemt dated the check so that it would give me less time to file a dismissal of the complaint within 10 days of payment. We have a check, but the bank was unable to verify it and found out that the attorney paid without having sufficient funds. His bank is refusing to verify. The funds were credited and then put on hold after they were unable to verify. It appears that the attorney and his representative are using tolling rules to urge us to dismiss the case before releasing payment. This was not the agreement a bad check or holding of funds.

I feel that we have been taken advantage of and we are interested in legal representation. The attorney has harmed us and used deceptive tactics as well as misused the law to incarcerate my husband who was sentenced to life. The supreme court ruled that the attorney was ineffective and negligent. What can I do as I feel that he was well aware that the damages were costly and used our ignorance to his advantage? Please help us. We feel vulnerable and confused. We paid him fully 10,000.00 in cash and believed that he had my husband's best interest in a court of law. He said he did everything he could and we believed him. My husband took his advice and all the while he concealed important evidence and never investigated if his constitutional rights were not violated. According to an investigation done by an appelant attorney, he never contacted Monroe County to request sentencing minutes. He lied when asked and told my husband he checked. We are disheartened as my husband did not have to serve a day in prison. He had evidence that could and would have acquitted him as the victim gave a true description of the perp.

Once again I am showing the same good faith with settling and he is repeating the same behavior of deception. What can I do? I am seeking for your honest opinion. Would it be a good idea to take this to trial and annul the agreement? Can the victim sue us after receiving payment more than 10,000.00 in settlement?

The check was pre-dated for the 23 of July and I received it on 7/28, which leaves two days to file the dismissal. How can an attorney do this to his client and their spouse. I was not the one he represented, but I paid him and am suffering the consequences and the loss of my husband. Although his sentence was reduced, he could not appeal his case under a 440.10. My husband was my support as I am a disabled person and his departure exposed me to many harms, which cannot be reversed.

What can we do?

Thank you.
 


quincy

Senior Member
New York
... My husband and I filed suit against an attorney independently. The evidence.was.so strong that the.attorney desired to settle out of court. We agreed and.settled 8500.00.

However, the damages are far worst and we signed an agreement in good faith. We are finding that the attorney who made paymemt dated the check so that it would give me less time to file a dismissal of the complaint within 10 days of payment. We have a check, but the bank was unable to verify it and found out that the attorney paid without having sufficient funds. His bank is refusing to verify. The funds were credited and then put on hold after they were unable to verify. It appears that the attorney and his representative are using tolling rules to urge us to dismiss the case before releasing payment. This was not the agreement a bad check or holding of funds.
You signed a settlement agreement with the attorney for $8500 and the attorney wants you to dismiss the case against him before he makes good on the check? You need to have the settlement agreement reviewed to see what exactly you agreed to.

I feel that we have been taken advantage of and we are interested in legal representation. The attorney has harmed us and used deceptive tactics as well as misused the law to incarcerate my husband who was sentenced to life. The supreme court ruled that the attorney was ineffective and negligent. What can I do as I feel that he was well aware that the damages were costly and used our ignorance to his advantage? Please help us. We feel vulnerable and confused. We paid him fully 10,000.00 in cash and believed that he had my husband's best interest in a court of law. He said he did everything he could and we believed him. My husband took his advice and all the while he concealed important evidence and never investigated if his constitutional rights were not violated. According to an investigation done by an appelant attorney, he never contacted Monroe County to request sentencing minutes. He lied when asked and told my husband he checked. We are disheartened as my husband did not have to serve a day in prison. He had evidence that could and would have acquitted him as the victim gave a true description of the perp.
You think that the attorney used your ignorance of the law to his advantage when settling? That is one reason why you should have had legal representation prior to signing any settlement agreement. An attorney could have told you what was a fair settlement and what was not.

Is your husband currently in jail?

Once again I am showing the same good faith with settling and he is repeating the same behavior of deception. What can I do? I am seeking for your honest opinion. Would it be a good idea to take this to trial and annul the agreement? Can the victim sue us after receiving payment more than 10,000.00 in settlement?
If your husband was convicted on a criminal charge and is in jail, and the victim has already settled with your husband for $10,000 in a civil action filed against your husband, the victim cannot sue for an additional amount.

The check was pre-dated for the 23 of July and I received it on 7/28, which leaves two days to file the dismissal. How can an attorney do this to his client and their spouse. I was not the one he represented, but I paid him and am suffering the consequences and the loss of my husband. Although his sentence was reduced, he could not appeal his case under a 440.10. My husband was my support as I am a disabled person and his departure exposed me to many harms, which cannot be reversed.

What can we do? ...
What can you do? You can find an attorney in your area who can personally review all of the facts of your husband's conviction, the terms of the settlement with the victim, the terms of the settlement with your husband's attorney or whatever else needs a personal review.

I am having a difficult time understanding exactly what is going on in your situation. It does not appear that a legal forum is going to provide you with the assistance you need, though.

Good luck.
 

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