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  #1  
Old 06-02-2005, 01:36 PM
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Join Date: Jun 2005
Posts: 2

Grounds for a suit?


What is the name of your state? Pennsylvania.

Long story short:
7 years ago I got into trouble and with the help of an attorney I was sentenced to an ARD program. I was told back then that my criminal record would be expunged upon completion of the program. a few weeks ago I was picked up by an employment agency (Kelly) for a position with US bankcorp. The agency started me there, and after a week, I was informed that the results of the background check were distressing to US Bank and I was dismissed form that position, one that paid well as a contract, and had a very high probability of leading to direct-hiring and all the requisite benefits.

It turns out that my attorney should have filed a motion with the court in order to have the record expunged, where he assumed that it was automatic.

I've been in contact with him, and he again stated that it was not anticipated that he was to petition the court for expungement and therefore I would have to pay to have it done. To 'help me out' with the situation he referred me to a friend who can have it done at a lower cost. Upon speaking with this second attorney, it appears that my original attorney has taken it upon himself to cover the costs incurred by his 'friend'.

Since it seems that my first attorney's negligence has ended up costing me the job, and potentially a good salary, medical benefits, etc. Do I have grounds to file a suit against this attorney to seek restitution for damages?
  #2  
Old 06-04-2005, 10:10 AM
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Join Date: Oct 2001
Location: california
Posts: 7,789
did your retainer agreement with your first attorney include filing expungement paperwork? How much did you pay your first attorney to file the required paperwork?
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  #3  
Old 06-07-2005, 12:52 PM
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Join Date: May 2005
Posts: 17
Does it matter how much he paid?
It sounds like his lawyer is covering his butt, doesn't it?
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