Suing a Non-Lawyer for Malpractice?

[CoJoeDU]

What is the name of your state? PA

This is strange situation, but I'll try to make it as simple as possible. I had hired an attorney to handle a contract dispute regarding property I had purchased back in 2002. This matter was to have come to trial in 2006, but before that, there was a pre-trial conference. The attorney I hired didn't want to attend, so he sent his law clerk instead. While there, the clerk gets into trouble, and somehow ends up agreeing to a settlement on my behalf. I never gave him any authority to settle this case.

I did appeal the settlement, and it is still being decided by the higher court. I am planning on suing the attorney for malpractice (this wasn't the only mistake I think he made) but I am not sure about the law clerk. Before I go see an attorney, can I sue someone who isn't an attorney for malpractice?

[seniorjudge]

I would include every person I could as a defendant.

Let the court sort them out.

[pcgumshoe]

Originally Posted by seniorjudge

I would include every person I could as a defendant.

Let the court sort them out.

Senior, that makes three times now that we agree with each other!

to OP: I was in a similar situation (a settlement question to a higher court), what I don't understand is at the settlement part of it, in my Settlement, we had to appear before the judge and AGREE to it on the record, you agreed at the pre-trial and didn't have to submit the settlement to the judge in any way? I can't imagine you didn't have an opportunity to object, however, if you didn't object, but later learned of deficiencies in the settlement, it sounds like in-effective assistance of counsel, but I think THAT is reserved mostly for criminal, not civil matters... but I only know by my experience.

Again, I do agree with Senior Judge on the "every person I could" part.

[CoJoeDU]

Gumshoe

I was not present at the Pre-trial confrence when the law clerk went in place of the attorney. I was told that i did not need to be there, so long as I was available by cell phone. The clerk did call me several times, and at the end of the confrence he told me the judge had proposed a partition of the land, but that I would have the opprotunity to review it. However, a week later, I get a copy of the Judge's order, and it was a final order. I never had the chance to review it, I never gave the clerk any power to enter into settlement on my behalf, and I don't even think the Judge can enter an order like that without my consent.

In terms of suing everyone, I don't want to waste money suing a clerk for malpractice if it won't stick. That will just cost me more in attorney's fees, and I am sick of attorney's. Plus, i don't know if this kid has anything to pay me with even if I win.

[BoredAtty]

You can probably sue both the attorney and the clerk, but you can only collect once.

If you don't want to waste time/money suing defendants who can't pay, then sue the attorney and forget about the clerk. If you sued both and won a judgment, you'd most likely be collecting from the attorney anyway.

Of course, you really need to see an attorney who can examine all of the facts and determine what causes of action you actually have against one or both.

[wbcantrell]

You may even be able to sue the state due to the Judge's illegal behavior.