Fraud upon the court

[dpearce6660]

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

My EX_ attorney has commited fraud upon the court, breach of contract,violation of the tn consumer protection act and consumer fraud..I have reported him to the TN bar and the disapline committee has there investigation completed but they sent me 2 letters stating they will not give me an aswer on my complaint until I settle the civil lawsuit with my ex attorney. I feel the board will be suspending him if not disbarring him,and i hope all court desiosions would be null and void. I would like to know if i drop my civil case in small claims and the board gives me an answer,can I refile the lawsuite after the disapline committee has disaplined him.
The atorney has alread stopped practicing law in TN witch can only lead me to believe that the disapline committee will severly disapline him.. Can he retire to avoid te committees public disapline?

 

[swalsh411]

You're not privy to any disclipinary action they may take and you have no legal right to demand such information. All you're entitled to know is whether or not he is licensed in a given state. They may choose to provide you more information but there is no law which states they must.

Dropping your civil suit will not guaruntee that he will be disbarred. The rest of your questions make no sense.

 

[dpearce6660]

faud upn the court

Tennessee I have a civil suite against my attorney and when I went before the court and asked for an out of area judge. They asigned me to the Judge in the ajoining county and in the same judicial district that my attorney practices law. Since several judges already recused themselves and I expected the supreame court to asign someone further away do I have a basis to ask this judge to recuse himself?? I am sure my ex attorney thatI am sueing has stood in his court before, and being in the same judicial area has to be a conflict??

What if he refuses to recuse himself..

 

[latigo]

You're not privy to any disclipinary (sic) action they may take and you have no legal right to demand such information. [/B] All you're entitled to know is whether or not he is licensed in a given state. They may choose to provide you more information but there is no law which states they must. . . .

Excuse me, but that is pure rubbish! And written by someone that has ever held a license to practice law or any other profession that is licensed and governed by applicable state law.

Here for example the Tennessee Bar Association Journal (tba.org/journal) consistently publishes the names of attorneys not only from Tennessee, but other states as well that the Tennessee Supreme Court has disciplined by license suspension or revocation with reasons given.

And it is the same with every other state bar association in the United States!

Furthermore, those Supreme Court proceedings are a matter of public record!

An additional example relevant to the OP’s state is a watch dog journal published in Putnam County Tennessee, "The Putnam Pit”. It has a website currently available listing the names of ONE HUNDRED AND ELEVEN (111) Tennessee attorneys so disciplined and again summarizing the grounds.

To suggest that the general public, the very body sought to be protected by the various licensing acts, is to be kept in the dark when a given attorney’s privileges have been suspended or revoked, and to thus

Imply as you have that the only way the public can learn if their chosen counsel possesses licensing privileges is to inquire of the local bar association for a yes or no answer is an expression of abject absurdity!

 

[Hot Topic]

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

My EX_ attorney has commited fraud upon the court, breach of contract,violation of the tn consumer protection act and consumer fraud..I have reported him to the TN bar and the disapline committee has there investigation completed but they sent me 2 letters stating they will not give me an aswer on my complaint until I settle the civil lawsuit with my ex attorney. I feel the board will be suspending him if not disbarring him,and i hope all court desiosions would be null and void. I would like to know if i drop my civil case in small claims and the board gives me an answer,can I refile the lawsuite after the disapline committee has disaplined him.
The atorney has alread stopped practicing law in TN witch can only lead me to believe that the disapline committee will severly disapline him.. Can he retire to avoid te committees public disapline?

What you "feel" is not important. The investigations department will go over all the pertinent information and make a judgement based on the rules of conduct. Never assume anything. Your scattershot assumptions could be as faulty as your spelling.

 

[dpearce6660]

That is total rubbish as the disaplinary counel will give me an answer, BUT NOT UNTIL I SETTLE MY CIVIL ACTION AGAIST HIM.
And ecusemy spelling.. Frustration has become me??
Just tell me my rights!!
Is the judge being in the same judicial district asthe attorney I am suing a Reasonable reson to ask the judge to recluse himself.. Iam also supenea 2 other attorneys s they participated in my attorneys fraud.

 

[Zigner]

Just tell me my rights!!

You have the right to hire an attorney and pay him to deal with you.

 

[dpearce6660]

If you are not a laywer I do not want to hear from You.
I have hired attorneys. What you are failing to understand is that east TN is run by the good ol boy system. The attorneys all work in the circus and the circus takes place everyday in the court rooms here.. I have an EXCELLENT CASE of legal malpractice.. But it is Hard to find someone to sue an attorney.
no matter HOW MUCH PROOF YOU HAVE.. The attorneys that agree I have an awsome case it is a conflict of interest as my attorney was well known in the political as well as the judicial field.
We hired an attroney to help with mediation.. The mediation they insisted had to be done.. We spent another $2000 for attorney and mediator only to find out the mediator knows The attorney I was suing. The mediator was an ex judge, He was very Bias from the get go and in mediation they offered 0 dollars.. The attorney said he would forgive my bill.. Well excuse me i have no intention of paying his bill and will fight that in fee dispute court. Then the mediator proceeded to tell our attorney for mediation that this case was a powder keg and political and carrer sucide if he helped us. Needless to say the attorney bowed out of going any farther with the case.
Can someone PLEASE PLEASE HELP ME. Not just critisize me. I am just an ordinary Lay person and excuse me if my frustration gets the best of me.

 

[Hot Topic]

If you are not a laywer I do not want to hear from You.
I have hired attorneys. What you are failing to understand is that east TN is run by the good ol boy system. The attorneys all work in the circus and the circus takes place everyday in the court rooms here.. I have an EXCELLENT CASE of legal malpractice.. But it is Hard to find someone to sue an attorney.
no matter HOW MUCH PROOF YOU HAVE.. The attorneys that agree I have an awsome case it is a conflict of interest as my attorney was well known in the political as well as the judicial field.
We hired an attroney to help with mediation.. The mediation they insisted had to be done.. We spent another $2000 for attorney and mediator only to find out the mediator knows The attorney I was suing. The mediator was an ex judge, He was very Bias from the get go and in mediation they offered 0 dollars.. The attorney said he would forgive my bill.. Well excuse me i have no intention of paying his bill and will fight that in fee dispute court. Then the mediator proceeded to tell our attorney for mediation that this case was a powder keg and political and carrer sucide if he helped us. Needless to say the attorney bowed out of going any farther with the case.
Can someone PLEASE PLEASE HELP ME. Not just critisize me. I am just an ordinary Lay person and excuse me if my frustration gets the best of me.

Why should we believe that east TN is run by the "good ole boy" system and that you have an excellent case of legal malpractice? Because you say so? We don't even know the specifics of what you're charging your lawyer with.

If the attorneys thought you had an "awesome" case, they'd take it. Attorneys often like to make themselves a name by taking on tough cases.

Of course the mediator was biased. He didn't side with you. And I seriously doubt that he told you the case meant career suicide if he helped you.

Nobody here is going to tell you that you're right and that your attorney was guilty of malpractice. You haven't told us the specifics of his alleged malpractice. You've just told us that you're right, he's wrong and we should help you fight the "circus" and the "good old boys."

 

[dpearce6660]

ok You want specifics

Why did he pull his tennessee juristiction if he is so inocent. I have several lies and definate unethical treatment. Why won't the Bar give me the disapline answer??? protecting the good ol boy system??? i did not say the mediator told us that the attorney that was our attorney for mediation told us it would be carreer sucide. If you are so interested in the fact show up at the Washington County TN court house on March 25th and see for yourself the eveidence I have.. The laywer would not have pulled his Tennessee Juristiction if he was not guilty.. Oh and by the way I have witnesses and letters of truth That proves this man was not working on my behalf.When you take a case your job is to do the job you are HIRED FOR.. This attorney thought he was not only the attorney but also the judge and jury in my case.. The Standard of care was soooooooooooooooooooooooooooo bad. The breach of contract.. The fraud upon the court.. He filed papers we never agreed to or new about. Oh ya and say HI TO HIM FOR ME!!!

 

[Hot Topic]

I'd love to watch you make a fool of yourself in court, but not enough to pay to travel to your state.

Never assume. It makes an "ass" of "you" and "me."

Bye. Since you still refuse to provide specifics, I don't see why anyone should waste any more time on you.

 

[dpearce6660]

I would not be making a fool of myself and i come to this site for FREE LEGALADVICE. Not to talk to idiots like you.. Say hi to TOM FOR ME

 

[996ttelise]

I would not be making a fool of myself and i come to this site for FREE LEGALADVICE. Not to talk to idiots like you.. Say hi to TOM FOR ME

Wow, I am also a bit disconcerted by not only the amount of legal advice given by non lawyers, but the amount of bad advise and the personal judgment that pervades.

I also misspell thanks to typing on iPhone and auto correct.

I am a Tennessee lawyer and I sincerely apologize if you have had a bad experience. Lawyers are human. Some are better than others and mistakes can be made. The BPR is on top of this and they will do their job.

I understand your concerns about the good old boy system and I myself have received a helping if home cooking in an East Tennessee case representing a jet air craft engine manufacturer in a huge case that was actually a local company. I was just out of town counsel and perhaps one if my worst experiences as a young lawyer. I can laugh about it now because it always works out in the end.

That being said, the judges are excellent in East, Tennessee. They have discretion to recuse or hear case. I have confidence that judges will do the right thing. If they commit error, appeal.

I would be very cautious about dismissing your claim, especially if only for the intended purpose of going after former counsel. Statutes of repose, prior dismissals, status of pleading and a great many factors may potentially impede your ability to refile. I, however, have no opinion as to your ability to refile and I am without sufficient information to make such a determination.

Judges know better than anyone who are the good lawyers. If your lawyer was bad as you say, perhaps having a judge who knows him is not as prejudicial agaisnt you as you seem to believe. Judges will do the right thing in situations such as this. You have to have confidence in something and stop fighting the system designed to help you. Use that same system to your advantage.

 

[dpearce6660]

to the last post.....I Thank you for talking to me resonably.
As you can see hot topic is a non lawyer with lots of stupid opinions

Now can you answer this for me?? I went to Washington county court house to file a motion for default judement since my ex attorney NEVER responded to my complaint.. The clerk told me my motion would not be seen until the court date. In the application for the motion I asked the judge if he was not going to give me a default judement that he require the defendent to respond in writing to my complain.. It will be prejudicial to our case if we do not know his defence. How can the judge do this is he will not see my motion until the date of court??? how do cases get reset if motions are not seen until the day of court?? I am set for court March 25th and he was served August 2010 and ammended and served January 4 2011. no answer has ever been recieved.