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  #1  
Old 01-20-2005, 02:48 PM
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Legal Malpractice

-I remain Clueless
Last edited by bloodinmystool; 01-25-2005 at 02:11 PM.
  #2  
Old 01-21-2005, 11:40 PM
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Location: california
Posts: 7,789
if your attorney is so incompetent, why is he still your attorney?
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Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  #3  
Old 01-22-2005, 02:48 AM
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Asking that question, I must assume you are not a lawyer.

-I remain Clueless
  #4  
Old 01-22-2005, 05:01 AM
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Join Date: Jul 2004
Posts: 17,799
StephenK is an attorney, the question is valid. If your counsel is so incompent and your case so good, why have you not filed your complaint and got a different attorney. Why would you win a retrial and not seek competent counsel?
  #5  
Old 01-22-2005, 10:31 AM
seniorjudge
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You won't answer the prior questions so you probably will not answer mine either.

Read about legal malpractice in Missouri: [url]http://forum.freeadvice.com/archive/index.php/t-215909.html[/url]

It consists of "(1) an attorney-client relationship; (2) negligence or breach of contract by the defendant; (3) proximate causation of plaintiff's damages; (4) damages to the plaintiff."

You definitely have #1, but reading your statement of facts and assuming they are true, you haven't proven 2 thru 4.

The best chances you have in court will be 50-50. Someone has to win and someone has to lose.

You lost the first round and got a retrial. Your lawyer sounds pretty sharp to me.

Does he know you feel this way about him? He may want to fire you!
  #6  
Old 01-22-2005, 11:01 AM
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Location: california
Posts: 7,789
"I remain Clueless"

No argument from me.
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Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
  #7  
Old 01-22-2005, 11:43 AM
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Posts: 17,799
Please explain what having blood in your stool has to do with this?
  #8  
Old 01-22-2005, 12:08 PM
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Join Date: Jan 2005
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-I remain Clueless
Last edited by bloodinmystool; 01-25-2005 at 02:10 PM.
  #9  
Old 01-23-2005, 01:45 AM
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-I remain clueless.
Last edited by bloodinmystool; 01-25-2005 at 02:09 PM.
  #10  
Old 01-23-2005, 10:15 AM
seniorjudge
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Quote:
Originally Posted by bloodinmystool
...Regarding your last question, the blood in my stool is simply my moniker illustrating the hemmoroids and butt rashes I received by being thrust into the fascinating world of litigation....
At least you have a sense of humor about this!

BTW, please cite me the canons of Missouri ethics that this lawyer has violated.
  #11  
Old 01-23-2005, 03:15 PM
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Join Date: Jan 2005
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-I remain Clueless.
Last edited by bloodinmystool; 01-25-2005 at 02:09 PM.
  #12  
Old 01-23-2005, 03:41 PM
seniorjudge
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"...4-8.3. Reporting Professional Misconduct..."

Let's start with that one. What did your lawyer do to violate this rule?

("Canon of ethics" is a broad term meaning all the rules lawyers have to follow.)

[url]http://www.courts.mo.gov/sup/index.nsf/0/3608230ed5cbe92786256f0b0062df37?OpenDocument[/url]

For those who want to follow along at home:

4-8.3. Reporting Professional Misconduct

(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.

(c) This rule does not require disclosure of information otherwise protected by Rule 1.6.

4-1.6. Confidentiality of Information

(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraph (b).

(b) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:

(1) to prevent the client from committing a criminal act that the lawyer believes is likely to result in imminent death or substantial bodily harm; or

(2) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client.
  #13  
Old 01-23-2005, 07:50 PM
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-I remain Clueless
Last edited by bloodinmystool; 01-25-2005 at 02:08 PM.
  #14  
Old 01-23-2005, 08:05 PM
seniorjudge
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"...Again, these alleged crimes/violations committed by opposing counsel are among the more controversial and perhaps among the more difficult to prove short of a grand jury investigation. Nevertheless, my own counsel repeatedly called the opposing counsel a den of lying snakes all in bed together among other colorful descriptions and also confirmed his belief about the witness tampering...."

I thought you said it was your counsel against whom you were going to file a complaint?

I grow more confused with each clarification you make.
  #15  
Old 01-23-2005, 10:28 PM
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Join Date: Jan 2005
Posts: 8
-I remain Clueless.
Last edited by bloodinmystool; 01-25-2005 at 02:08 PM.
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