Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-14-2009, 03:58 PM
Junior Member
 
Join Date: Dec 2008
Posts: 8

Lawyer conduct in Corporate dispute


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

I recently had a serious problem (possible embezzelment)with officers in a Corporation I was apparently the only shareholder in. I have several questions on the conduct of the Defendant officer's attorney. The authorized Corp. Attorney has done an extremely poor job of representing my intrests in the matter and allowed the defendants to flip the arguement to make me look like the problem. Other attorneys I have contacted tell me I have a Legal malpractice complaint against him, the Corp Atty., but I should forget about it because it is to expensive. As I believe there are some serious criminal complaints against the defendants and the defendant's Attorney, I am not about to let statutes of limitation expire without making darn sure whether there is or is not criminal misconduct. I am out approximatly $300,000. and the excelent reputation I had built over 30 some years.
As the defendant's Attorney did an excellent job of confusing an otherwise simple matter, again to possibly hide a criminal matter, all Attorneys I have counciled with have not given me some simple answers to some simple Questions, and it has exhausted my funds. So I would like to ask them one at a time, to "unconfuse" the problem.

First of all, I, through the Corp. Atty., petitioned the court to issue a restraining order against two Corp. officers, (one of which was the sole check signer) until a forensic accounting could be conducted. The defendant's Atty. asked for a 2 week forbearance to tender an offer to buy the company. Against my better judgement I followed the Corp. Atty's advice and granted it. They then tendered an offer that, for numerous reasons, was not in good faith, I rejected it. Their Atty petitions the court claiming verbal agreements are valid in Pa. Without careful consideration the judge issues an order to continue negotiations for the sale of the Corp. in 30 days. The Defendant's Atty now represented this order to mean he was now authorized to be the Corporate Council, first in a recorded deposition for an unemployment appeal, and then to a couple of banks. When the judge was asked, by the Corp Atty, if he had read everything in the offer to buy, he realized he was snookered and immediately vacated the order. This judge is known to virtually never vacate an order. The defendant's Atty. continued to missrepresent this vacated order to the banks. He presented other false information to the banks, but that is for another question.

Now my questions,
1. How legal was this?
2. What should the Corp. Atty have done?
3. What should the judge have done?
4. Was the defendant's Atty. permitted to directly contact the bank and not comunicate those contacts to the Corp. Atty.?
5. If not, was the Bank neglegent for not practicing Due Diligance?
6. And last but not least, being the Corp. Atty was canned, can I bring this greviance to the judge myself? If so what is the protocal?

What is the name of your state (only U.S. law)? Penna.
  #2  
Old 05-14-2009, 06:52 PM
Senior Member
 
Join Date: Mar 2006
Posts: 6,673
You don't have a stake to sue the corporate attorney for malpractice. (Standing). You did not employ him, he was not your attorney.

Intentionally misrepresentating a court order can be a tort. If you were specifically harmed by the misrepresentation you may have the ability to sue. The victim's would be able to make a complaint to the police if a crime was committed. (Like using the misrepresentation to utter a forged instrument or making a false afidavit.) You are a long way from either of those places with your facts.

The reason you are not getting "simple" answers to "simple" questions is because you have very complex facts, the questions are not easy and are subtle and the real answers will only be predictions on potential results. By lawyer shopping you did not allow anyone to really look at what is going on and, quite frankly, your facts are extremely confusing and nowhere near complete.
__________________
When you are a Bear of Very Little Brain, and you Think of Things, you find sometimes that a Thing which seemed very Thingish inside you is quite different when it gets out into the open and has other people looking at it.
--W. T. Pooh (aka A. A. Milne)
  #3  
Old 05-18-2009, 12:01 PM
Junior Member
 
Join Date: Dec 2008
Posts: 8
Quote:
Originally Posted by tranquility View Post
You don't have a stake to sue the corporate attorney for malpractice. (Standing). You did not employ him, he was not your attorney.

Intentionally misrepresentating a court order can be a tort. If you were specifically harmed by the misrepresentation you may have the ability to sue. The victim's would be able to make a complaint to the police if a crime was committed. (Like using the misrepresentation to utter a forged instrument or making a false afidavit.) You are a long way from either of those places with your facts.

The reason you are not getting "simple" answers to "simple" questions is because you have very complex facts, the questions are not easy and are subtle and the real answers will only be predictions on potential results. By lawyer shopping you did not allow anyone to really look at what is going on and, quite frankly, your facts are extremely confusing and nowhere near complete.
Thank You, I appreciate the input. The point that the Corp employed the Atty and not I is interesting. He did apply funds I paid him on other personal matters to the Corp. Bill.
As for "Lawyer shopping". Well experience is an expensive educator, and over the years I have learned to be very judicious when dealing with lawyers. It is a fact of life that they hold the upper hand and if they fail to perform it is next to impossible to hold these people responsible. This particular Attorney (Corp) had done excellent work for me for a long time, his bills were paid promptly and I would have recommended him to anybody, yet he did not follow my instructions and steered me into something I was dead set against. Exactly what I was guarding against happened and now I must sort out the mess.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:35 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.