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Should I pursue Malpractice

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Tom cassell

Guest
What is the name of your state? Illinois...May of 2002 divorce process began. I obtained the top lawyer in area. (L-Lawyer) L1 provided me with L2 of his firm to keep my cost down and for L2 to handle all details. Documents requested and provided...interviews..etc. as required. During this time several requests by both my wife and I to have a settlement worked out before any trial always turned sour and during this process we found out her lawyer and mine have NEVER settled a case out of court and have always gone to trial. They both intentionally never in good faith tried to settle our case. Trail dates were set and continued and it appeared all was ready to go Oct. of 2003 when I was informed by a secretary that L2 was suspened from practicing for 30 days and then several days later during a depostion L1 verbally informed me he may be suspened and was the next day.(never was I informed in writting) Trial date continued. Note: During my depostion earlier that year L1 repesented me for maybe an hour and then left and brought in L2 to complete depo. Then for brother/partner deposition, both had been suspended and a complete rookie regarding my case represented me. (L3) Fast forward to Feb. 2004 trail less than 2 weeks away, a secretary calls and says L1 needs to reschedule trial because he's on trial...at this point I'm $70,000.00 into the process. I request to speak to L2 and find out he was just fired the day before..needless to say I'm a little upset. Lawyer L1 offers L4 & L5 of his firm to handle my trial and pomises to make sure they are properly prepared and assures me they can do the job. I agree. Trial comes and is completed. Judge renders a decision that is absolutley nuts. Example: A. Awards wife an irrevocable trust that L1,2,3,4,5 of my firm put on my net worth sheet. B. Awards my wife funds from an account that has a $70,000. lein on it. The Trust and the Bank lein paperwork all the time in my lawyers pocession. None of the above can legally happen but there it is in his decision. L4&5 may or may not by now filed a motion to reconsider...I may or may not be legally divorced right now?( my ex or soon to be ex sister inlaw has informed me that I was legally divorced 2 weeks ago.) I travel quite often for my work and I inform all L's in writting months in advance when possible. I have tried by phone and via fax to find out my status for 4 days now and I still have not had my calls returned. We are now into this for over $100,000.00! My company worth is disputiable regarding Judge decision but most importantly my annual income is atronomocally false and we can nor will we be provided with any documentation from the judge on how he arrived at his numbers,so I've been told. I trusted the judge to cut through the bs of everything and arrive at a fair settlement...but as it stands now he has awarded my wife monthly number that is based on her lawyers fiction and CPA's can not figure out how he arrived at these numbers, the judge obviously never looked at tax returns or W-2's and magically came up with some numbers. It is obvious to me that L1 and his firm have failed to provide me with competent services and have abused me financially...reapeatedly reviewing the same areas and charging me again and again, and I have disputed some charges here and there and they have granted me some no charges...but you know what days before my trial..L1 put me in a corner about money owed to the firm and demanded money before his firm would proceed and insinuated (never said it in black and white terms) that they would not proceed on my behalf if I did not fork over about $20,000.00. There is more and this is the abbreviated version. Do have I have a case for malpractice? If so, what is my best way to approach this? Is there any way I can get my $100,000.00 back from these incompetents? If so how. I'm out of cash and they know it. Please advise Tom Cassell
 
Last edited:


HomeGuru

Senior Member
Tom cassell said:
What is the name of your state? Illinois...May of 2002 divorce process began. I obtained the top lawyer in area. (L-Lawyer) L1 provided me with L2 of his firm to keep my cost down and for L2 to handle all details. Documents requested and provided...interviews..etc. as required. During this time several requests by both my wife and I to have a settlement worked out before any trial always turned sour and during this process we found out her lawyer and mine have NEVER settled a case out of court and have always gone to trial. They both intentionally never in good faith tried to settle our case. Trail dates were set and continued and it appeared all was ready to go Oct. of 2003 when I was informed by a secretary that L2 was suspened from practicing for 30 days and then several days later during a depostion L1 verbally informed me he may be suspened and was the next day.(never was I informed in writting) Trial date continued. Note: During my depostion earlier that year L1 repesented me for maybe an hour and then left and brought in L2 to complete depo. Then for brother/partner deposition, both had been suspended and a complete rookie regarding my case represented me. (L3) Fast forward to Feb. 2004 trail less than 2 weeks away, a secretary calls and says L1 needs to reschedule trial because he's on trial...at this point I'm $70,000.00 into the process. I request to speak to L2 and find out he was just fired the day before..needless to say I'm a little upset. Lawyer L1 offers L4 & L5 of his firm to handle my trial and pomises to make sure they are properly prepared and assures me they can do the job. I agree. Trial comes and is completed. Judge renders a decision that is absolutley nuts. Example: A. Awards wife an irrevocable trust that L1,2,3,4,5 of my firm put on my net worth sheet. B. Awards my wife funds from an account that has a $70,000. lein on it. The Trust and the Bank lein paperwork all the time in my lawyers pocession. None of the above can legally happen but there it is in his decision. L4&5 may or may not by now filed a motion to reconsider...I may or may not be legally divorced right now?( my ex or soon to be ex sister inlaw has informed me that I was legally divorced 2 weeks ago.) I travel quite often for my work and I inform all L's in writting months in advance when possible. I have tried by phone and via fax to find out my status for 4 days now and I still have not had my calls returned. We are now into this for over $100,000.00! My company worth is disputiable regarding Judge decision but most importantly my annual income is atronomocally false and we can nor will we be provided with any documentation from the judge on how he arrived at his numbers,so I've been told. I trusted the judge to cut through the bs of everything and arrive at a fair settlement...but as it stands now he has awarded my wife monthly number that is based on her lawyers fiction and CPA's can not figure out how he arrived at these numbers, the judge obviously never looked at tax returns or W-2's and magically came up with some numbers. It is obvious to me that L1 and his firm have failed to provide me with competent services and have abused me financially...reapeatedly reviewing the same areas and charging me again and again, and I have disputed some charges here and there and they have granted me some no charges...but you know what days before my trial..L1 put me in a corner about money owed to the firm and demanded money before his firm would proceed and insinuated (never said it in black and white terms) that they would not proceed on my behalf if I did not fork over about $20,000.00. There is more and this is the abbreviated version. Do have I have a case for malpractice? If so, what is my best way to approach this? Is there any way I can get my $100,000.00 back from these incompetents? If so how. I'm out of cash and they know it. Please advise Tom Cassell
**A: Please read the posting instructions above.
 
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Tom cassell

Guest
Illinois....I've read instuctions. What did I miss regarding posting?
 

stephenk

Senior Member
just because the judge made an award you arent happy with and that no one can figure out, doesnt mean your attorneys committed malpractice.

If you were so concerned about the cost of litigation why didnt you try and settle before going to trial?
 

wnagel

Member
It's sometimes an expensive and hard lesson to learn that our legal system is very corrupt. It cost me about the same in my first divorce run. I'm now so far into the game, that quitting is not possible.

My suggestion is to accept your loss, hire a new attorney, someone who you have researched fully!! File your motion to reconsider or request for new trial. What you need to remember is that the rules do not need to be followed. You will understand this statement as you lose more money, time and sleep. You need to understand the 'motovation' of the courts and lawyers and all the other players. Once you do, you will know how to work the system. Good Luck in winning 'round 2'.
 
T

Tom cassell

Guest
stephenk said:
just because the judge made an award you arent happy with and that no one can figure out, doesnt mean your attorneys committed malpractice.

If you were so concerned about the cost of litigation why didnt you try and settle before going to trial?
I tried 3-4 times...my lawyer never made a good faith attempt and blew up at the other attorney... (my lawyers intentially lead me to litigation)then as time went on I found out these two have never settled a case out of trial....what is that?.You missed the question by the way...regarding malpractice...it has nothing to do with the judges decision which was based on my lawyers handling of my case...do you really think a firm that has bounced me around like a rubber ball to 5 (FIVE) different lawyers if you didn't get that the 1st time, had my best interests in mind or only their pockets.
 

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