Follow-up

[MyUserName]

What is the name of your state? Arkansas

I wrote a message a few weeks ago about my lawyer being suspended, you can read it [URL=http://forum.freeadvice.com/showthread.php?p=816027#post816027]by clicking here[/URL]

Again, I do not know what details are important, but I'll do my best to keep this to the point. If more detail is needed I will provide it and I apologize if I give too much information that isn't needed.

I picked up my file last week and I looked it over before I turned it over to my new lawyer and I noticed several things that were very far from what he told me was going on. I also noticed that instead of actually doing any negotiations for something he specifically stated he was trying to do for me, there was only one letter to the opposing lawyer that basically stated I was giving up on that point, although he was telling me that he was fighting for it. Also, there were some papers that were suppose to be in there (different types of filings) that were not in there, but there were receipts for certified mail to my ex, but nothing to go along with it showing what had been mailed. I asked my new lawyer about it and he said that he only practices in specific types of law and personal injury isn't a part of that, but he did tell me that if a lawyer has a duty to me and breaches that duty he is basically committing malpractice. I'm sure that is a very simplistic view, but it made sense when he said it. Would anyone care to expand on that?

What he did by "giving up" for me, instead of doing as he told me he was doing has really hurt not only my case, but it has hurt me on a personal level. Also, it is going to cost me quite a bit of money to have the things he has done fixed.

I am only wanting to have my situation fixed. This experience has been a nightmare. The problem with suing him for malpractice is that he isn't licensed at the moment. The only thing I want is the money I already paid him and the extra it will cost to fix the mess he made. Does anyone feel what he has done is malpractice? Would I stand a chance of winning back the money I already paid him, along with what it will cost to have this situation fixed? Would it be possible to have his license lost forever, instead of simply being suspended for what he has done?

If he's got any assets, sue him.

[MyUserName]

Thank you very much seniorjudge, your posts have been very helpful.

I feel like I'm stuck in some type of legal hell, it's overwhelming for someone who has no real understanding of legal matters.

I would like to take this all one step at a time, especially since I don't know the full amount of damage done yet and what it will actually cost me to fix it. How long would I have to act on the malpractice situation? So far my new lawyer has asked for a continuance so he can sort through everything that was done and see where we actually are in this case. I wouldn't want to wait too long to act on the malpractice, but it feels a bit premature to do something before the full extent of the damage has been found.

I'm sure there is some type of time limit, would you mind explaining how that works? Also, how could I find out how much it would cost me to follow through with this?

You really need to get a lawyer as soon as possible.

[MyUserName]

Thank you again, seniorjudge, I appreciate your help.

I would like just a little more information before I get in over my head.

If I do sue him and win, would he have any way of getting out of paying the judgment, such as filing for bankruptcy? If I were to sue and the lawyer is working on a contingency basis, is the person who loses responsible for paying the expenses, or would it be my responsibility to pay the percentage of what was ordered, even if he finds a way out of paying? I don't know how much sense that question made, but I cannot think of a way to reword it. My fear is that I will end up making things much worse for myself in the long run if he can find a way out of this.

If the lawyer is disbarred and has no money, then there will be no way you can get any money out of him (especially if he did not have malpractice insurance).

Check with the Arkansas state bar if they have any funds for people in your situation. (Don't hold your breath....)

Contingency contracts usually mean that you pay all expenses. If the lawyer wins, he gets part; if the lawyer loses, he gets nothing.

[MyUserName]

I was afraid of that. If I am reading this properly, I could easily make things much worse for myself by winning, if he just doesn't pay it.

What about small claims court? I'm not looking to make loads of money, just to recover what this experience has cost me. How is it determined when something can be handled in small claims court? Is it strictly a matter of how much money is involved, or is it the type of case being taken to court?

[MyUserName]

I also have another question: Is there a difference between being disbarred and being suspended? My very uneducated understanding is that suspended is being disbarred for a specific amount of time, then being given the license back when that time is up. If that is true, would it be better to wait until his gets his license back, then try to do something?

Small claims depends on the amount of money; I do not know the limit in Arkansas. Call the Arkansas State Bar and ask them; ask them about that other stuff too.

But, like I am telling you, if the guy has nothing, you can't get anything from him.

Originally Posted by MyUserName

I also have another question: Is there a difference between being disbarred and being suspended? My very uneducated understanding is that suspended is being disbarred for a specific amount of time, then being given the license back when that time is up. If that is true, would it be better to wait until his gets his license back, then try to do something?

If you wait, your rights could disappear.

Call the State Bar, okay?

Someone there will answer all your questions, I promise. You may not like the answers but you will get answers.

[MyUserName]

Thank you again, seniorjudge, I really appreciate the time you have taken to help. It is so easy to become cynical when things fall apart. When you guys mess up, it can really destroy lives. It's nice to know that there are some involved in the legal profession who are willing to take the time to explain things and actually help people who are in a bad situation. It's people like you that make our judicial system something we can almost believe in again

I will call them tomorrow and I hope that the professionals I run into from this point on are more like the ones on this forum rather than the one I have had dealings with so far.

[MyUserName]

Originally Posted by seniorjudge

Call the State Bar, okay?

Someone there will answer all your questions, I promise. You may not like the answers but you will get answers.

I would rather know the truth than to have someone string me along, or put a spin on things that looks better than it is. An honest assessment is worth a lot more to me and will cost me less in the long run.